I hate to say this, but the harm of the daily business, which can make it impossible to cover costs for the law suit now, was caused mainly by internal reasons within the people at Xenforo.
The best strategy would have been to create and follow a good business plan, take investors to cover the costs of development and company growing, hire developers and business experts and continue trustworthy to develop that software and it's community. There would have been be a stable and strong source of income, a fast growing company and community with the best product in its market.
I that case Xenforo could have supported vBs plans to prolongate the law suite, it would have run beside the daily business for years until at some point vB would have seen no sense in continuing it and would have agreed to some kind of settlement.
But now....
(I am sorry to say it, but I personally expect Xenforo closing it's doors permanently before the trial even starts)