I am the US dealer for Capitan/BattleModels and am hearing in detail from both Xan and the company.
The court case HAS NOT been decided. There is a trial set for April 24. Both sides, naturally, expect to win.
If Capitan win, then things are simple: they make stuff and we buy.
If Xan wins, it gets more complicated. He may own the IP but Capitan have the molds and rights. The decision would have to include transfer of the molds and masters. Capitan may be entitled to compensation for molds, stock etc. that they bought in good faith.
I know the company does not respond online for legal reasons.
I just received a small re-stock order (my first in 18 months) of Napoleonics. I have not checked every single pack but a spot check shows the casting quality up to their former standards (generally very good in my opinion, but consider the source). Some of it is clearly old stock, and some is clearly new.
For the moment I assume Capitan/BattleModels to be dealing in good faith until some authority can tell me otherwise.
Not sure that helps with your situation.
By the way I have a little Carlist stock from way back. PM or email me mark@scalecreep.com