No they couldn't use the actual suit, but theoretically, they could resemble the Boss Film Studio design as much as the script description resembles it. Meaning, if the spec description described the Boss Film Predator to a T, the Thomas Brothers could not be sued for physically recreating another manifestation of it. It was their conception.
But the chances the Thomas Brothers creature details were that robust in the spec script, and simultaneously fully realized precisely by Boss Film, is super doubtful.