The problem with these type of lawsuits, is they actually hit stale periods, whether you want them to or not.
Both parties endup waiting on court dates... so there is no further correspondence between parties or lawyers, thus costs are minimal.
For IB's aim, this will be counter productive, because Xenforo will have ample time to recover financially, build its brand and continue forward. Court dates will come around, and if IB again do the delay tactic, they will paint themselves into a corner they'll find difficult to get out of legally... providing justification to relodge dismissal notices based on detail tactics.
The end costs become little beyond the initial costs leading into a legal dispute. If you can get past that initial year of costs, then it slows right down awaiting court dates and such typically.
Quite honestly, I think IB's strategy will continually change trying to break XF... but if they have failed to do it up until now, I doubt they will now be able to crack that pot. The longer they delay things only goes against them in a case like this, it isn't going to help them because numbers continue to talk, with VB's going downwards due to their poor product and business ethics, and XF's going upwards, with their better product and business ethics.
Whilst one could try to use that argument for their justification... the case very much is based around VB's stupid decisions, their lack of coding ability to create what is essentially XF today, and so forth. They really just continue to shoot themselves in their own fat feet with delay tactics.
IF IB has a real brain, they would have had the most chance to break XF by pushing for a quick court ruling, then using the appeals process to push again, and so forth. That is how you drain the maximum funds in the shortest time and do the most damage, because then XF would be focused on court, not on building the product.
Once again, IB have done themselves another injustice in their half arsed tactics... they can't even break a company based on known principles, the same as they can't make a good software product based on known software principles.
It seems they suck at both things.
IB should drop all their nonsense and just stick with what they seem to do ok at, being ripping people of for buying their sites, plastering them with ads and moving on, buying, destroying, making some money, next website.