Notice that there is nothing in this blog post that indicates how vigorously they will fight the lawsuit and certainly no bravodo type language. Only essentially a call to action "We encourage all of our customers, partners, open source collaborators and friends to support Reps. DeFazio and Chaffetz in their effort to discourage these abusive patent troll lawsuits."

I takes this as potentially meaning that they might very well settle this out of court w/o paying -or- they are planning some other atypical legal action and don't want to telegraph anything. Even if they get this dismissed because of the github assumption that doesn't prevent it from being refiled correctly I believe.