DVG was able to sell infringing systems by promising indemnification. Im sure his plan all along was either 1.) I'll outlast Greenshift and they'll go belly up, or if not, 2.) i'll outlast my clients and they'll settle long before i have to indemnify them.
I would imagine this threat of injuctions puts a great deal of pressure on the defendents to break away from ICM.JMO.