In the event of a shutdown (which will NEVER happen, Hell does have a better chance of freezing over), the device would still work as a phone, sms, browser might be iffy, but the patents have nothing to do with the browser, only email, so it should still work too. Only email should be affected, nothing more.
I don't doubt that the judge might issue a injunction, I don't doubt that appeals will happen if he does, I don't doubt that the federal government might get really involved, I don't doubt that RIM might impliment it's workaround and NTP would sue again. But after all that happens, the worst case senerio would be at 11:59pm RIM would pay NTP a billion dollars to go away and no service disruption would EVER happen.
The really sad part is this would be a bigger crime than the UK robber last week, they only netted $100M and some of them, if not all are going to jail.