In Civil Court, Judges and juries only have to consider a "preponderence" of the evidence. They can listen to both sides and determine which they believe, evidence or not. That is exactly what happened in the Ninth Circuit. NO ONE disagreed with the notion that a contract was unratifiable with the Nic included in it. When all sides agree, it's called a "stipulation". The Court did publish a legal opinion, voiced in the ruling and the transcripts of the ruling.
You lost. Go tell your lawyers before they embarass themselves again. Oops, it's probably too late for that!