Epic Calls out Silicon Knights’ Legal Slip-Up
By Chris on Thursday, September 27th, 2007 at 1:09 PM PST In Epic Games, Game Companies, Games Industry, Microsoft, Sony
The case between Epic Games and Silicon Knights continues on, with Epic Games having just submitted their most recent filing. In it, they call for Silicon Knights’ last set of counterclaims to be outright dismissed.
“Epic’s motion to dismiss,” starts the memorandum, “contrary to Silicon Knights’ assertion, does not seek to adjudicate disputed facts. It calls for dismissal of the Complaint because of the numerous legal deficiencies that permeate Silicon Knights’ pleading.”
Silicon Knights has accused Epic of ignoring allegations that the Unreal Engine 3’s PlayStation 3 compatibility couldn’t be shown by February 2007. Epic has replied that this allegation “is of no moment since Silicon Knights also alleges that it abandoned the Unreal Engine 3 by May, 2006.”
Silicon Knights’ claim that Epic was unable to make a “successful demonstration” of the Xbox 360 version in March 2006 – instead making it in May 2006 – has been called “disingenuous” by Epic.
“Silicon Knights’ breach of contract counts do not seek damages because the Engine’s successful demonstration was delayed by two months,” says Epic. “Silicon Knights alleges that the engine was never compatible with the Xbox 360… The difference between March and May, 2006 is meaningless in the context of Silicon Knights’ lawsuit.”
Epic concluded, “Silicon Knights’ brief does not overcome the multiple legal defects in the Complaint. Silicon Knights’ arguments are factually misplaced and at odds with the law. The Court should grant Epic’s motion to dismiss.”
It’ll be interesting to see what defense Silicon Knights can mount against this, as this particular filing seems – to me, at least – to be defenseless.
via Gamasutra
