That is like saying "In 2008 I brought a house, the contract that I brought it with says it is mine, I have breached that contract by not paying, now I am going to sell the house to you. Don't worry that the bank, who is trying to foreclose on the house says it is theirs, you can trust me. My filings with the court even say it is mine."
I doubt TM is that stupid. They are using the patent. They don't need to change anything. They will wait it out.
In addition, I fail to see how it is our best interest to close the deal BEFORE we settle the state court case.