Novell has dug it's own tomb?

It seems to me that Novell has screwed itself unless they are planning to start selling greeting cards instead of Linux. According to their agreement with Microsoft their users are covered for patent infringement. Everything would be good unless someone claimed that there's a patent infringement, like Ballmer did last Thursday. So now that there's an allegation of patent infringement Novell can still distribute their software since they are covered by their agreement, but wait, the GPL states otherwise:

7. If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all. For example, if a patent license would not permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Program.

So, even if there's another agreement, they can't get away from the GPL and since the GPL doesn't allow distribution of software under a royalty agreement (they are "paying" for an agreement to be able to distribute the software avoiding patent infringement) then they can't distribute GPL software at all, what are they going to distribute now? Baby dolls?