Back in June 2023, Upper Deck filed suit against Miller and Ravensburger claiming that Miller breached his work-for-hire agreement related to his work on Rush of Ikorr, among other allegations, and Ravensburger used the materials they alleged that he pilfered to help create Disney Lorcana TCG (see "Upper Deck Sues"). Upper Deck used this as the basis to ask for an injunction to prevent release of Disney Lorcana TCG, which was looking like it was going to be one of the biggest TCG releases of 2023 (see "Different Brand of TCG Magic Makes its Debut"). Ravensburger responded to the allegations saying that the claims were "baseless" (see "Response to Upper Deck Suit").
The basis of the motion to dismiss is multi-faceted. The initial rebuttal claims that the Disney Lorcana TCG was in the works prior to Miller's involvement with Ravensburger. However, the core grounds to dismiss this case lie in the assertion that Upper Deck was unable to establish personal jurisdiction over two non-California resident defendants under Rule 12(b)(2). This boils down to the court's jurisdiction, in California, not being sufficiently established to rule on complaints against the two defendants, which are both based in Washington state.
"Ravensburger has an extremely strong case here, and we hope it will be dismissed outright based on today's motion," said Brian Lewis, Legal Advisor for Ravensburger. "While we respect the valid intellectual property rights of others, this appears to be more of a PR stunt than a genuine legal dispute."
The motion to dismiss will be ruled on August 14, 2023 at 10:30 a.m. by Hon. M. James Lorenz, after Disney Lorcana's launch at Gen Con on August 5-9, 2023.