From a common sense perspective, why would Casper want to waste the Court’s, WDDD’s and ATVI’s times and resources through this current on-going discovery process if WDDD’s patents are deemed not patentable under section 101?
It is also possible there was a private communication among the Court and WDDD & ATVI about Judge Casper's decision on 101.
The way I look at this: WDDD's patents met 101 patentability standard, and the fact that WDDD and ATVI are preparing for trial through discovery processes (has been for MANY months and still on-going) allowing by the Court is an indication WDDD's patents are accepted by the Court as "evidences" through a 101 magnifying glass.