MrSaffron says (over at thinkbroadband):
"The presumption we are making is that the removal of the DLM refers to JUST the Openreach FTTC based services and will thus affect all providers, not just Infinity. "
He's usually well informed on these things.
So maybe it's not been as long arriving in the courts as it appeared to be.
http://www.thinkbroadband.com/news/6726-assia-court-case-forces-openreach-to-turn-off-dlm.html