The technical workaround exists: I'm familiar with the details, and from what I understand, it won't significantly impact the performance of Blackberry.
There is an interesting possibility with regards to this litigation, in which I haven't heard much about:
Nokia reached a licensing agreement with NTP a few years back when they decided to run Blackberry Connect on their devices. Assuming a worst-case scenario in which RIM must utilize the "workaround" or cease U.S. sales, Nokia would become the only vendor legally able to sell true Blackberry push email in the U.S.
Could this set the stage for a Nokia buyout of RIM? I think so...