Kier and Mike used to be very active, customer-oriented and kept us customers always up to date - just THE BIG DIFFERENCE the way customers were treated at IB (at least IMHO) - I was really fed up with IB and very enthusiastic about xenforo.
As someone looking to buy that is a BIG DIFFERENCE. The communication by the software developers and the customers on a day to day basis. I would guess that it was a combo of the good software and good communications that was the key to XenForo's initial success which in turn was the key to the slap suit by Internet Brands.
When looking a vB and IPBoard, one sees company support people talking to customers in the forums. Don't see that on XenForo.
The biggest damage IB may have inflicted is to get the XenForo team to stop one of their best sales promotions, good communications with their customers in their support forum
Which is the point of "slap suits" where a large corporation sues to drain the time/money resources out of a critic or smaller competitor not particularly to win the lawsuit. If the XenForo people started this up on their savings, it will be hard to survive the legal expenses. If they have some investment backing, they might be able to survive it.
If the former, given the David-Goliath nature of the dispute, the nature of web (libertarian), the nature of the forum customer base, XenForo should set up a section for "Donations to XenForo Legal Fund" or even a separate website. It will put the spotlight on Goliath (ban PR), promote XenForo as David (good PR) and get XenForu some cash for legal expenses.
And go back to what worked, good communications with the customers, current and prospective, in the forums.