"There is a lot of behind the scenes negotiation going on in my opinion."

This may validate your opinion:

As theSHM was winding down a few of us were chatting with Otteson. Others can offer their recollections, but I heard Otteson comment that negotiations were going on prior to the court outcome. If the outcome was in our favor it would be a matter of two weeks (aprox, 3?) to conclude the negotiations because so much had been discussed way earlier.

The concluding negotiations could be going on right now. However, with the appeal option also part of the equation who can know for sure what action HTC will take?