Bottom line is that TEVA certainly could seek summary judgment (if they had not already) that the patents are valid and infringed.
Yes, of course they can, but they haven’t; we know this because the Court documents are a matter of public record.
The salient point is that the Copaxone patent case is not decided or even close to being decided; Bill Marth’s assertion that it was is yet another instance of Teva’s propaganda.