Man, That Toberoff is looking to exploit every technical loophole to turn the case in his favor.
I find it unbelievable that in-spite of knowing his intentions (To gain some percentage of ownership rights to Superman property, in order to make a Superman movie using his own production house "Pacific Pictures") there is still a chance that the courts may somehow grant him a part of rights, just on technical grounds.
Edit: we will know what happens next on March 11 th. I really hope that this case is closed and is never opened again. (of course I want WB to give adequate royalties to Siegel and Shuster heirs, but I don't want Toberoff to gain anything.)