After Kik was granted an extension of time by the Courts, the company has filed a statement of defence and counterclaim in its lawsuit with RIM. In the statement, Kik (Ted Livingston), denies having any access to BBM source code or confidential documents and says they’re not infringing on RIM’s trademarks or patents. The fact that Ted was an employee at RIM, working on the BBM team, will make all of this very difficult to prove, especially considering his role as Project Coordinator.
Kik is claiming that the “overnight success of Kik Messenger” pushed executives at RIM to begin a campaign of bullying Kik out of the BlackBerry Platform. It’s highly possible that the success of Kik did bother executives at RIM considering the app is very important for the company’s customer retention. At the same time, leaving RIM to start an app company could be in direct violation of the employment agreement. In the end, the case will likely end somewhere in the middle.