Jason Scott is currently heading the project along with three other members "The Board". They are doing their best to get stuff out to backers, read more about this project here: http://ascii.textfiles.com/schuyler-towne-kickstarter
You present that like it's contrary to my point, but it's not.
If legal action had been attempted and failed, that would be interesting! But here there's no indication that the matter has been brought before a court.
(http://www.kickstarter.com/projects/schuyler/lockpicks-by-op...)
Wanted $6,000; got $87,000; completed funding in sept 2010; backers still waiting. Cheapest pledge to get product was $20.
Someone else has taken on the project. A few people have got "practice sets", but that's not what they wanted. They wanted the picks.