Let's just say I understand the judge's ruling. She clearly says, "Marvel's case stands or falls" on Lee's testimony, and quotes from it at length in her ruling.
The whole key for the estate was to establish that Kirby had created characters on spec which he brought to Lee. That argument is sunk, because Lee claims to have created all the characters and basic plots before ever talking to Kirby.

The Silver Surfer wasn't part of the copyrights at issue, although Lee does say he created Galactus entirely by himself without ever having spoken to Kirby.
Although not part of the case the original art for the first appearance of the Surfer would be interesting to look at.  Lee says he had no knowledge the Surfer would be part of the story. It would be interesting to see Kirby's border notes from that issue to see if his Surfer had anything to say, or if he was just a background figure as Lee describes him.