Interesting to note the judge dismisses Evanier's testimony as opinion, which I see as an important factor.  The Kirby heirs bore the onus of providing material evidence to back up their claim.  They had little to back it up their interpretation of the material facts. 

That said....am I being comic geeky, but did the Judge make a mistake attributing substantial credit to Joe Sinnott for inking the Avengers and Thor, and how was Nick Fury a "discontinued" character revived by Marvel (page 20 or 21)?