This is my take, I could be wrong, maybe someone else has better understanding. The patents tell you how to make a massive online world work. basically tells you how to code it. So Activision either used their method or they didn't. S&G has the code to the infringing games as part of the lawsuit. They have looked it over and they think they did. There is no building around it, either you infringe by using their method or they didn't.
This is old from before marlman, but good read to see value
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