You know I'm starting to think that maybe there has not been a strong will to pursue this case on the part of IB ALMOST from the start.
On the contrary I think it looks more and more like a bully making a big noise to seem scary but without any expectation that they would have to follow through. I think IB may have thought that their first "scary face" was going to be plenty to chase away XF clients. Sending out a warning to everyone saying we would be legally at risk if we bought XF was pretty stinky stuff - and untrue. Which left them with eggy faces.
Doing that, and serving legal papers on KAM didn't work. Our boys are genuinely strong, not fake bully strong. But I think IB really thought XF would collapse with too few clients and developers running away. That would have served them well, not so much because of competition - there are other forums anyway - but as an excuse.
After all what they wanted was to buy time to bring out a better version of VB because VB4 was so ghastly. While scrabbling VB5 together blaming XF to their parent company for the VB4 mess was SO useful.
But rather like an arrogant army that goes crashing in to invade without the skill or experience in how to actually hold or rule a colonised country, IB could not follow through. They knew it. So the rest has been an exercise in ever so slowly letting the case fall apart with some token moves to save face. Only they haven't - saved face.