It doesn't sound like there could be any "let HTC off the hook". The whole point of this is that HTC is seeking an injunction against Apple. Even if Apple withdrew all complaints, HTC could still seek that injunction.
Remember: HTC's loyalties are with their shareholders, not to fight a war against Apple on behalf of Google or Android fans. If their board determined that selling bottled water was better than making phones, they have a duty to pivot. Google (Motorola) is different, they have a much larger stake in Android.