You'd have to get a Pacer account so that you could access the...

You'd have to get a Pacer account so that you could access the court documents to begin to understand, but there is a suggestion from a couple of media reports that the litigation does not challenge the roof estimations covered by 3D Mesh and/or Pushpin tech.

However, assuming that it does, even if Nearmap have a patent, what they might actually be doing might be something else that infringes on the EV patents (they list 8 patents in the case). Finally, Nearmap could be acting under their patent but still infringe one or more of EV's patent (which has the corollary that Nearmap's patent is not valid). In the last scenario, the burden of proof would be on EV to establish that the Nearmap patent is not valid.