Law of Cards: Is Upper Deck Versus Executive Over?

Law of Cards: Is Upper Deck Versus Executive Over?

The crazy litigation between Upper Deck and Executive Trading over political trading cards appears to be over.

In a May 13 order, the court stated:

In light of the settlement of this case, all pending matters, including the Motion for Summary Judgment , Motion to Exclude Testimony of Tim Girvin , and Motion to Exclude Testimony of Dennis Mandell , are hereby DENIED WITHOUT PREJUDICE and may be re-filed if the parties do not file a joint motion for dismissal by June 26, 2014 pursuant to Magistrate Judge Adler’s Order . The hearing set for June 12, 2014 is VACATED.

Basically, the court is putting everything on hold until June 26 to give the parties time to finalize a settlement agreement and dismissal order.

In all likelihood, the future filings won't tell us who won or lost given Upper Deck's drive to keep many of the documents in this case under seal, but we'll keep our eyes on the docket just in case.

It's too bad. I really enjoyed this case. From arguments over the definition of the word "insert" to Upper Deck's contention that even if it lost, Executive should only receive less than $201, it was full of humor.

Oh well. However, given how litigious this industry is, I'm sure a replacement case will pop up (cough...Beckett v. COMC...cough...).

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Paul Lesko is a shareholder at Simmons Hanly Conroy and the chair of its Intellectual Property Department (http://www.simmonsfirm.com). Don’t hold the fact that Paul is a lawyer against him, he’s also a rabid baseball and college basketball fan, and an avid baseball card collector. Paul can be found on Twitter @Paul_Lesko and Google+.

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