Take-Two, 3D Realms Drop Duke Nukem Forever Suits

Publisher Take-Two Interactive and developer 3D Realms have apparently settled out of court the pending lawsuit and countersuit that stemmed from disagreements about the development of multiple Duke Nukem games, including long-delayed Duke Nukem Forever. In a short document filed in a New York district court, the two companies mutually dismissed the suits with prejudice, barring them from ever filing further suits on the same claims. "Each party is to bear its own portion of the costs of this litigation, and each party further agrees not to seek any costs or sanctions," it reads. Last May, Take-Two sued Apogee Software (the legal name of 3D Realms) for breach of contract after the Texas-based developer laid off most of its staff and said it was halting Duke Nukem Forever productions. The following month, 3D Realms/Apogee filed suit against Take-Two and subsidiary 2K Games, which had an agreement to publish Duke Nukem Forever, claiming that 2K did not fulfill its contractual duties to develop a separate game game, Duke Begins. 3D Realms also said it had continued to work on Duke Nukem Forever in a significantly reduced capacity. It is not clear if the game remains under any level of active development.