Marvel has filed a brief with the Supreme Court, urging it to refuse to hear the appeal by Jack Kirby’s heirs of the Circuit Court ruling which reaffirmed the company’s rights to Kirby’s works (see "Appeals Court Rules Against Kirby Heirs"), according to The Hollywood Reporter.  Marvel argues that the case "implicates no circuit split, no judicial taking, no due process violation, and no grave matter of separation of powers," and, accordingly, "...does not remotely merit this Court’s review."

The appeal to the Supreme Court had seemed like a long shot, but when the Court debated taking the case in May, it requested a Marvel brief (Marvel had been so sure of its situation that it had not bothered to file a brief rebutting the appeal).  And several high profile groups have filed amicus briefs urging the Court to take the case (see "Amicus Briefs for Kirby Mounting").

If the Court takes the case, it would probably take it up in the October term.