ICANN's stance of declining authority on the affair passes the onus onto Tucows, the Spamhaus.org registrar. Since Tucows is based in Canada, and not the US, it's in a much better position to decline to apply the court's request. So the threat of the loss of Spamhaus's domain appears to have receded, at least for now.
The blacklist provided by them is used by companies worldwide, and no matter how much e360 thinks they have been harmed, it would do the Internet as a whole more harm to see a company like Spamhaus shut down. No word on whether the two companies are in discussion to come to a more amicable solution.