I have often thought that there were Antitrust concerns in this case. That is, it seems clear to me, especially given the timing of the initial complaint and the statements on vB that customers of XF might face some unstated consequences, that there are antitrust issues in this case. Whether, as a matter of strategy or otherwise, this made sense to pursue was another issue altogether. But, I think it stinks to high hell of anti-competitive tactics that I think are illegal.
The latest filings are telling as to the strength of XF's defenses.
I am struck by the vitriol and accusations in the filings (mostly on vB's counsel's part). The different courts have different informal standards about what attorneys will say about each other. I tend to see some some bad form in the filings, but this may be the norm in that court (or within the District or Circuit, generally).
Final comment, a tangent really; XF's filings state that Busby is "English." Isn't he more properly "British"? I am not sure on this, but I thought one was a language and the other a nationality. (No need to kill me if this is ignorant...and I am not sure if there are accepted differences in reference to international law, common usage (on either side of the pond), or which is correct- just something that stuck out to my first read).
My overall read of the documents is that XF has (and continues to have) the much stronger argument (never mind, the much stronger facts, evidence, and correct position on near every point).