alexarkadin wrote:
Lee's contention that he conceived the plots and characters before ever speaking to Kirby is the linchpin of Marvel's case.
I don't see how it is.  The judge ruled that Kirby was working for hire.  That being the case, even if Lee had said that he and Kirby conceived of the characters and plots together, Kirby's contributions would still be work for hire and hence his copyright claim would be rejected.