alexarkadin wrote:
The judge mentions earlier that FF #1 was based on a plot outline created by Stan Lee before ever speaking to Kirby.
Her ruling is kind of sloppy and misstates a number of trivial facts, like the comment about Nick Fury.
In Lee's depositions for the case he goes through ever major character created during the years in question and says the same thing every time. He created the characters before ever speaking to the artists, and gave the characters and plots to the artists to pencil.
This question should be easy to clear up. Stan Lee does interviews very often. All anyone need do is ask him one question:
"Mr. Lee can you name one character during the years 1958-1963 which Jack Kirby created alone and brought to you?"

Again, I think you misunderstand the significance of the evidence.  The significance is not that Lee was the sole creator of the characters, which may not be the case even if he developed the initial plot by himself, but whether the assignment originated from Lee.  The "instance" prong of the test essentially carves out from work for hire any work done on spec.  This evidence goes to that issue.  But, the fact that work is not done on spec, but instead pursuant to an assignment, does not mean that Kirby was not a co-creator of the characters.  In fact, your own question to Lee makes the point.  If Lee answers your question by saying "No, Jack and I co-created the characters," that wouldn't change the Court's decision here one iota.