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The U.S. Court of Appeals for the Ninth Circuit recently dealt a powerful punch to a lawyer whose client, a company founded by comic book legend Stan Lee, claimed to own the rights to Lee's iconic characters. During oral arguments, a panel of three appellate judges appeared skeptical about reviving a case brought by Stan Lee Media Inc., which has filed a barrage of lawsuits over the rights to characters that include Spider-Man, The Incredible Hulk, the X-Men, Iron Man and Thor, subjects of some of Hollywood's most profitable movies.
Although the case at issue was dismissed under the doctrine of res judicata , which precludes bringing claims that already have been decided, the panel raised a much more basic question: Why didn't Stan Lee Media list its valuable comic book rights as assets when it filed for bankruptcy in 2001?
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