Feess said Monday he plans to hold a trial Jan. 20 to decide remaining issues.
Fox claims it never fully relinquished story rights for the graphic novel from its deal made in the late 1980s, and sued Warner Bros. in February. Warner Bros. contended Fox isn't entitled to distribution.
Warner Bros. said in a statement released Monday afternoon that it won't move the movie's release date and still thinks it will win the case, either at trial or through an appeal.
