'Desperate Housewives' star Nicollette Sheridan's battery claim against the show's creator MARC CHERRY has been thrown out of court.

The blonde star claimed Marc struck her in the face during a rehearsal in 2008, and network ABC subsequently fired her from the show when she complained, but the judge claimed Nicollette's claim did not meet the standard of proof required for battery, meaning Marc is now in the clear.

Speaking outside the Los Angeles courtroom, Marc revealed he was delighted with the development.

He told E! News: ''Obviously I am thrilled with the decision, but I am going to reserve further commentary until this matter is completely resolved.''

Nicollette's wrongful termination suit against ABC is set to continue.

Marc previously confessed in court he felt he had ''permission'' to tap Nicollette - who played the character Edie Britt - but admitted she had not given him a ''verbal OK''.

She has since claimed she has been unable to get work since being fired from the show - which also stars Teri Hatcher, MARCIA CROSS, Felicity Huffman and Eva Longoria.