I'm concerned less about lawsuits and more about in-grown group messaging technology. iOS 5 just brought about half my friends/my entire family over to iMessages, which duplicate IM features like seeing the other person typing. It's so nifty that it makes me wish I had an iMessage interface on my computer, or an integration at least with iChat. And it makes me a much less likely user of mobile IM applications, because now I have a built-in equivalent that works without my searching out (or paying for) an application.
Which is too bad, because I wish we had more start-ups this honest. Make something somebody wants, charge them at a rate they're willing to pay. I'm increasingly sick of advertising models, and of start-ups that start with funding and then move towards a profit model (which is usually advertising).