California federal judge Stephen Wilson is set to decide whether the lawsuit between Stan Lee and his former company Stan Lee Media will go to trial, according to The Hollywood Reporter. The suit claims that Lee wrongfully transferred the rights to his most famous characters, like Spider-Man, the Incredible Hulk, X-Men, Iron Man, the Fantastic Four and Thor, to Marvel.

Earlier this year, Judge Wilson lifted the stay of the long-running suit. The stay was in place while SLM elected a board so that there were proper plaintiffs in the suit that could claim damages.

Lee's lawyers have issued a motion to dismiss the suit, pointing to a New York court ruling that was reaffirmed, which tossed the suit with prejudice. SLM is appealing that case.