"IMO the defendants in the ITC action can't afford an adverse prelominary find which will be determined prior to Sept 2013."

Why?

Is the ITC only able to enforce bans on imports? Can they also force license fees to be paid or require damages be paid for past infringement? I think not, but I don't know for sure. A lot of product can be shipped to the U.S. between now and the end of 2013.