Well the Kik saga is not over.
Kik has set out its counter claim, and again David Lam is on the beat catching the latest court documents.
Beyond filing them beyond the 30 day limit (as David points out) Kik is asserting that Ted Livingston (who as previously mentioned was a RIM employee while a coop student) was not privy to “source code” of BBM. They’re trying to dial back his ‘expereince’ at RIM to make this situation less about what Ted might or might not have known during his time at RIM. The problem for Ted is that he may have older sold himself to reporters – who keep notes. SO RIM wil almost certainly be grabbing those old news reports.
Kik also states that they never infringed on any RIM patents, and that if they did, the patents should be invalidated in any event because of prior art. Always a good patent defense (one every lawyers encouarges you to try – for FUD reasons).
With WhatsApp seemingly growing by leaps and bounds and Kik fighting to stay in the game. It’ll be interesting to see the legal manouver ing going forward.