Total speculation, but yeah, I'm definitely personally in the mindset there won't be a preliminary injunction against Skulls.
The ruling though is an entirely different matter. But by time a ruling will come down, the filming of Skulls will have long since been completed, maybe even released (by the way these cases can sometimes get drawn out.) But if the Thomas Brothers win, I would imagine license compensation from 20th Century Studios for Skulls will certainly have to go the brother's way retroactively.