Well it looks as though RIM is going to hit them where it hurts. Since my post on Wednesday, David Lam has gotten his hands on the Court documents and points out that RIM is citing infringement on several of its BBM patents, misrepresentations and essentially IP theft.
Here are some Quotes from the Statement of Claim.
RIM calls out Kik for misleading the public on the controversy, in several ways including Kik’s blog:
“We have worked cooperatively with RlM al every step … We have responded fully to any concerns they have raised. We know battery life and privacy could not be concerns, because we have completed an update that sips battery power and provides additional privacy controls, and have offered it to RIM. Knowing this, we are confident there is no reason service should be denied to Kik users … “
They also point at Ted Livingston for using his insider knowledge:
During his employment with RIM, Livingston worked as part ofa product management team on product strategy for and strategic development of BlackBerry Messenger. In that capacity, Livingston had access to RIM proprietary information related to BlackBerry Messenger. including but not limited to technical information, development plans for BlackBerry Messenger, market research, internal reports, presentations, and other commercially sensitive or secret infonnation (” RIM Confidential Infonnation”).
And, what I worried they would do has come to pass, they are now calling Livingston out on his own statements in the press – quoting him in their statement of claim.
After leaving RIM, Livingston quickly fomed the Defendant which, by his own admission, is “based on a year of mobile psychology and purchase behaviour research conducted at RIM”.
They discuss their relationship with Kik, the original plan for a music store. A concept they liked, and supported – and how unbeknowst to them this product was being developed leveraging their relationship built on a different understanding.
They imply that Ted Livingston is essentially the brain of the company and without him there would be no Kik and because of that the whole company is tainted. I agree with David Lam on this one – RIM will ask for an injunction across all platforms, which will really hurt kik’s chance at surviving this. Sadly, for Livingston and his team they might need to chalk this up to a publicly learned lesson and go try a new idea.