I don’t think anyone has formally sued anyone yet. And on what grounds would they be able to sue right now before the OGL is released? I’m no lawyer, but I’m pretty sure a plaintiff would have to be able to establish that they were harmed in some way. I don’t think that a leaked work-product of WotC’s lawyers would be sufficient.
It’s extremely easy for Paizo to claim that they are ready to defend the OGL in court “if need be,” it is a completely different thing to actually do so. Right now, all that is, is posturing. And while they may indeed be willing to fight it out with Wizards, I’m pretty fucking certain that behind closed doors they are praying that won’t happen. Because win or lose, defending the OGL would cost them a boatload of cash in a niche industry with razor thin margins.
What they and everyone else can do though is shun the ever loving Christ out of anything to do with WotC at this point.
And, I hope all involved do. I’ve worked with Wolfgang – I used to host his website, in fact. He’s a fantastic guy. I’d love to see him take Kobold Press and do something awesome with it SANS Wizards.