Highly unlikely, IMO. I would suspect that Judges are witty enough not to risk jail time or distruction of their rep.
Follow the money to S&L, selling to convert in a "win-win" scenario. IF there were a perceived Markman loss, they will have hedged their bet and pulled some more cash. IF there is a Markman win, they will have better postured the company's position for a PR campaign and growth in PPS (and the value of their holdings).
We've had some good volume the last few days, hopefully allowing S&L to sell to convert warrants at a much faster clip. Get 'er done!
JMHO,
SGE