Ravensburger, the gaming company accused of "stealing and copying" rival Upper Deck's game to repackage it as Disney's high-profile collectible card game Disney Lorcana, is taking a big swing.
On the one hand, Ravensburger has asked the U.S. District Court for the Southern District of California to dismiss the suit, flatly denying Upper Deck's allegations, calling them "the legal equivalent of alchemy."
On the other hand, in case that doesn't work out, Upper Deck is reminding everyone what legal advice they have: in a statement submitted to ComicBook.com, Brian Lewis (who in the 90s helped to make Magic: The Gathering a global former advisor to Wizards of the Coast, which helped propel it into a phenomenon) said that Upper Deck's lawsuit "looks more like a PR stunt than a genuine legal dispute," adding that he hopes the case will be "dismissed outright" before anyone sets foot in court.
In case you don't remember it well, Upper Deck accused former contractor Ryan Miller of taking an idea for a game he was working on at the company and bringing it back to work for Ravensburger, porting it entirely to Lorcana, and having that game released to market first The company has been accused of taking the game to market first. More significantly, he states that Upper Deck "assisted and encouraged" him in the hopes that Ravensburger would profit from the "stolen intellectual property." He is seeking monetary compensation and, perhaps more frightening for Ravensburger and Disney, an injunction against Lorcana's August release date.
It will come as no surprise to learn that Ravensburger is not at all in favor of such an explanation. In its motion to dismiss, the company harshly criticizes Upper Deck's motives, calling the lawsuit "a strained and clumsy effort to delay its competitors."
"Upper Deck's series of claims violate the law even under the most basic level of scrutiny," Ravensburger's motion states.
"The fiduciary duty claim fails because Mr. Miller is not and never has been a fiduciary of Upper Deck." In other words, Mr. Miller was merely an independent contractor who never agreed not to work with Upper Deck's competitors.There is more to come, but you get the idea: Ravensburger believes that all of Upper Deck's claims (credibility, fraud, etc.) do not meet the standards necessary for a court to consider them. It is all just a business ploy to thwart rivals, the Lorcanamaker argues. After all, "Upper Deck knew that Mr. Miller was employed by Ravensburger and working on Lorquana when the game was announced ... and yet Upper Deck did nothing. Upper Deck cannot lament that it was damaged by its own inaction."
It is quite plausible! But Ravensberger would say so." It is normal for a company targeted by a court case to try to get the case dismissed before it begins to suffer financial and reputational damage. Just because Ravensberger's motion is so strong-armed (and so intensely abusive) does not necessarily mean that the court will be at Ravensberger's beck and call.
Moreover, Upper Deck will eventually summon its own astute lawyers to answer Ravensburger's claims. The company has not yet responded - the motion to dismiss was only published yesterday - but I have reached out to the company for comment and will update this article when I hear back.
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