Disney Lorcana publisher taps famed MTG lawyer in Upper Deck lawsuit

Ravensburger publishes the much-anticipated, new book. Disney LorcanaTrading card game has responded in a formal way to the lawsuit filed by Upper Deck, a competitor. In it, the game and toy manufacturer calls Upper Deck’s lawsuit “the legal equivalent of alchemy” and demands that it be dismissed outright. In a press release issued on Thursday, Upper Deck included a 34 page legal response. It also names Brian Lewis as one of the strongest legal minds within the TCG realm, whose role at Wizards of the Coast, where he was the General Counsel, helped to pave the path for the current dominance of Magic: The Gathering — but also the larger ecosystem of modern trading card games more generally.

To get you up to speed on the issues at hand, understand that Upper Deck’s lawsuit landed with quite a dramatic thud when it was revealed on June 7. It is a lawsuit filed by Upper Deck, based in California, which publishes sports cards, cards for games and trading cards. Disney Lorcana co-designer Ryan Miller had previously created a similar game that is “nearly identical” to Disney LorcanaUpper Deck. The injunction also seeks to stop the August launch date of the game.

Ravensburger vehemently disputes Upper Decks’ claims. In it’s response, Ravensburger even calls into question both the timing and the venue of the lawsuit itself. Taken altogether, it paints Upper Deck’s efforts to design a competing TCG as lazy, and its legal wrangling as wholly opportunistic.

“Upper Deck claims it would have sought the return of confidential information and/or prevented its employees from communicating with Mr. Miller if it was aware of Mr. Miller’s employment at Ravensburger and the company’s work on a competing TCG,” reads the motion to dismiss. “But Upper Deck was aware of Mr. Miller’s employment with Ravensburger and work on Lorcana when the game was announced in September 2022. Upper Deck, despite this knowledge, did nothing. Upper Deck cannot now lament that it was damaged by its own inaction.”

The case is complex and involves issues like non-competes and work for hire agreements. This is, at the core of it all, a case about video game mechanics. Lewis’ addition as Ravensburger’s legal advisor is noteworthy. That’s because Lewis, in his role with Wizards of the Coast in the 1990s and early 2000s, was instrumental in securing the initial patents that protected The Magic of the WordAround the launch of this game. Since then, those same patents as well as the legal work surrounding them has formed the framework of trading card games around the world. Without them, it’s unlikely that either The Magic of the WordOr any other TCG that is successful would be in its current form.

“Ravensburger has an extremely strong case here,” reads a quote from Lewis in the news release, “and we hope it will be dismissed outright based on today’s motion. We respect valid intellectual rights, but this seems to be a publicity stunt rather than a real legal dispute. I also want to add that I’ve had the great fortune to know Ryan Miller personally for over 20 years and consider him to be a person of the highest ethical standards.”

“We’re glad to be moving forward with the legal process and feel very confident in our position,” said Lisa Krueger, senior communications director for Ravensburger North America. “In the meantime, our team is keeping its focus on the upcoming launch. We’re excited to see everyone at Gen Con and can’t wait to see fans begin to purchase this game in our booth.”

For a deeper dive on the nuts and bolts of Lewis’ more than three decades of work in the TCG space, check out The Booster Pack Network’s in-depth, 95-minute interview from January.