It seems the lawsuit against XenForo is over now and settlement talks are complete. They haven't announce any details, but I, for one, have a bottle of bubbly ready. Hopefully the XenForo guys can now relax and get on with their lives without this clouding their future.
http://xenforo.com/community/threads/status-of-lawsuit.39082/page-2#post-482271
http://xenforo.com/community/threads/status-of-lawsuit.39082/page-2#post-482271
On Feb 20, 2013 a "full and complete" settlement of the litigation was reached. Said simply, the lawsuit is over. There will be no trial.
The terms of the settlement are still unknown. We only know that there was a settlement. The terms may yet still be revealed. You will have to wait for more documents or an official announcement. The terms still unknown, we don't know exactly what or when with respect to the settlement. Stay tuned, and please be patient.