Gears of War Developer Expects To Be 'Fully Vindicated' In Court

By M.H. Williams

Last week, a federal court judge decided to allow Silicon Knights’ case against Epic Games to go before a jury.  The long-standing case is over the Too Human developer’s accusation that Epic did not provide proper Unreal Engine support to the developer, choosing instead to move company resources towards the development of Gears of War.  Silicon Knights said that decision was a “victory in their litigation against Epic.”

Epic decided to release a statement regarding the case and the decision.  The statement follows:

“On March 24, 2011, the federal court in the lawsuit between Silicon Knights and Epic Games completed its ruling on the parties’ summary judgment motions to dismiss each other’s claims without a trial.”

“The court entered judgment in favour of Epic on several claims, rejecting Silicon Knights’ claims that it could cancel its licence agreement, that Epic interfered with its contractual relationships with publishers, and that Epic has acted unjustly under the licence.”

“The court did not rule on the merits of Silicon Knights’ remaining claims. The court was not permitted to judge the credibility of witnesses or evidence, or otherwise take into account Epic’s opposing evidence, and therefore merely acknowledged that, under the rules of civil procedure, it had to allow a jury to consider both sides’ evidence on the remaining claims.”

“Allowing those claims to move forward to a jury is not a ruling on their merits. The court simply concluded that the disputed evidence should be heard and resolved by the jury.”

“In addition, the court had previously rejected Silicon Knights’ motion to summarily dismiss Epic’s claims against it and upheld Epic’s right to present all of its claims to a jury, including claims that Silicon Knights breached its licence agreement, stole Epic’s technology and infringed Epic’s copyrights.”

“Epic remains confident that it will be fully vindicated at trial.”

The case has been going since 2007 and doesn’t look like it will be ending anytime soon.  In the meantime, Silicon Knights is currently working on several titles, including X-Men: Destiny for Activision.

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