Judge Kimball split that bit off from the rest of the case since by the contract the matter is subject to arbitration. The arbitration was stayed by the Bankruptcy Court (it had been scheduled to run in parallel with the jury trial in Utah), but can now go forward.
In fact, the stuff of most interest to Linux users is still to come! The bulk of Novell was about copyrights and SCO-as-fiduciary. Without evidence of infringement, these are directly of interest to Linux users. But the GPL is about to get a hearing. That is of considerable interest!