because there are two points at issue here.

1. Validity - "Commercial Success" is only used to prove Validity when Validity is challenged - This is good for us because it shows Judge Ward doesn't need the information if the Judge feels that the validity is not an important issue.

2. Infringement - this is at issue and the Defendants are trying everything they can, to prove they are not infringing, while not only have a dozen and a half billions dollar companies paid us for a license, so as not to infringe, but their very own co-defendants have decided to pay for a license during the run-up to the Markman! 

My take: the patents are valid.  And, are the defendants infringing or are they not infringing? 

what else do we really need to know?  nothing is a sure thing - but this is doing it for me... IMHO

regards