Because they know it's not a threat.
TPCI will wait for an actually original concept to come out and incorporate the shit that actually appeals to kids and whatnot. When they see that it's blowing up because kids (who apparently all have ADHD and can't stop playing on their smartphones) don't actually like mashing A through a hundred slow dialog sequences and battles that sponge up time with long-winded pauses in between each action... That's when they'll go as low as suing the underdog.
Nexomon looks like nothing out of the ordinary for those cheap Facebook Flash games. If there's going to be a competitor to Pokemon it actually needs to retain some core gameplay elements without resorting to micro-transaction jewery or mobile tactics. Temtem almost had the right aesthetic and style but completely failed to deliver on the gameplay elements and fell for the aforementioned issues.
We need someone to look at the Pokemon betas and give us all of those elements. Hell, steal a few of the beta designs since they aren't being used anyway. If we could simply show GameFreak that the elements they deemed unsuitable for Pokemon like the PSS and following Pokemon actually mattered then getting sued wouldn't even matter. We just need to show them what kids and fans really want.
