I think WB expects to keep the names in the long run and are biding their time.
Talking with a lawyer friend about this
However, whether & what the Siegels would win is undetermined. The judge indicates that the value of Siegels' share of the Superman property vis the movie license has the potential to be relatively small, a result of both the "challenged" state of the Superman property & the fact that the Siegels' rights as co-owners are nonexclusive, which means that an arms' length competition to license the property would likely lead each side to bid down the property to make the sale.
As a result, the notion that the WB *must* make a movie to avoid the Siegels' lawsuit is a bit of an overstatement. If WB doesn't make the film and the Siegels' sue, sure, they might face the cost of trial + potential - but by no means certain - damages upwards up a few million dollars. But is there a substantial incentive to spend upwards of 50-100 million dollars on a movie to save yourself, likely at worst, 6 or 7 million but possibly much less?
The judge says the movie liscense fee will be small. Its a nudge to get an out of court settlement. For WB it could encourage them to wait it out hoping for a better deal from the court. The 6 million possible loss to WB if they don't start a film might be a hint at what the judge plans on awarding the Siegals for movie fees. 6 million is not much and a lot less than what I recall was about a 15 million liscense fee for Spiderman 1.
Judge bases his figures on the challeneged state of Superman. What happens if WB makes a movie and it does well? Not as much of a challened state and the liscense fees awarded go up.
Bidding down the value of the rights helps WB. Hang in their to 2013 and hope one side gives in. After 2013 wait until one side does because it likely won't be easy to sell the film rights to 3rd parties.
My firend said if WB was his client he'd tell them do nothing. Wait until 2013 to see what happens.