We couldn't sue because we didn't know what we would sue on. They wouldn't even tell us the patent numbers - so we didn't have the knowledge necessary to even file a complaint.
As for suing because of the forbearance agreement, they try to write these things so they are just on the side of the line, and it is really hard to make a RICO suit stick (see Cisco and Innovatio).
We, of course, think that it is just BS. Now we are on record saying so.
- Van (Rackspace VP of IP)