I don't think we know, but another point is this was near the end of discovery. Intel had stated they did not use this invention. Perhaps they were wrong, but there is also a chance they were right and HDVY found no cases of current Intel use during discovery. There is always the possibility of compensation for past use by Intel but that is a lot harder case to make since the patent was contested at the time.
Have there been depositions of Intel employees, and if so are those public? If so, do we know who at Intel was deposed? That would also be a big hint. IF HDVY never deposed any Intel employees I am not sure how they would discover Intel use of the patent. Alan