My understanding was that during the injuction hearing, RIM will be able to present the workaround as an alternative to injunction. The court will have to then determine whether or not the workaround violates NTP patents. Otherwise, RIM could conitnue to make a minor tweeks to their technology, and NTP would have to go through the long process over and over.
If the workaround is actually enough of a change as to not infringe on NTP, then RIM is in good shape. This is why better understanding the specifics of the workaround would shed some light on the subject.