3D Realms had dropped its suit against Gearbox over unpaid Duke Nukem Forever royalties, stating a "misunderstanding" led to the suit being filed in the first place.
The case was "dismissed with prejudice," with Scott Miller's Apogee (3D Realms) apologizing.
"After reviewing evidence regarding our business affairs, and without any money exchanging hands, we have satisfactorily resolved any and all differences that we perceived against Gearbox," Miller said.
"In all sincerity, we regret the misunderstanding that instigated our lawsuit. Now that we better understand--and appreciate--the actual nature of our business matters, we have voluntarily withdrawn our claims against Gearbox, with genuine apologies to Randy [Pitchford, Gearbox president] for any damage that our lawsuit may have caused to the relationship."
Back in June when the suit was filed, Miller stated that Gearbox had also blocked an independent audit of the royalties.
“3D Realms has therefore been required to file this lawsuit to enforce the purchase agreement, to recover the amounts due and owing from Gearbox and to enforce the audit right provided by the agreement to enable it to conduct an audit of Gearbox’s royalties,” the complaint read.
Gearbox denied the allegations stating that 3D Realms received the full benefit of its bargain and that it couldn't help if the game sold less than 3D had assumed it would.
“Everyone wished that 3DR’s game was better received by the market for the benefit of gamers and profit to its creators," said Gearbox in a statement at the tiime."While 3DR might not wish the reality that the results make clear, 3DR turned out to be the only beneficiary of the deal.
"Gearbox Software, meanwhile, experienced damage to its credibility and loss of its money.”
Thanks, GI International.