They know that if they shared this info, they would take a huge hit. Almost all of their games WOW, COD, the new game Destiny, and a few others all rely on this patent. They can say that in an email, but their own counsel said otherwise in arguments in front of the judge.
ATVI could be in some serious trouble if things go bad for them since this lawsuit has been sitting out there for quite some time, and its patents are a KEY component of their most lucrative games. They also know that if they did disclose this info the price for WDDD would go WAY WAY up with people who would buy into WDDD to hedge their positions so to speak.
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