As for the patents, why speculate when the judge already explained why he is moving ahead with the case based upon the patents originally being issued. He is well aware of the patent dispute.
If RIM had a seamless workaround, don't you think it would have been deployed, at least partially, to calm investors. I'm sure these are smart guys and have a trick up thier sleeve but if they were willing to force a settlement for $450m, their solution isn't cheap or easy.
If they deployed now, the only issue would be the cost to settle NTP claims with no threat of shutdown. They can probably stall that since there isn't an ongoing dispute of RIM still using the technology until the patents are settled. Investors would have confidence and the stock would soar. Users would be happy and the time nd money companies are investing to find alternates would be dropped. Think of the number of companies forced to seriously look at Good, MS and others when these other vendors might well not have been able to get a serious look or a foot in the door.