Too Human developer Silicon Knights will continue to pursue its suit against Epic following a ruling which favoured the Unreal Engine maker.
"We are disappointed by the outcome and we plan on appealing," Silicon Knights boss Dennis Dyack told GamesIndustry.
Earlier this week a judge ruled in favour of Epic on all counts and slugged Silicon Knights with $4.45 million in damages.
Silicon Knights sued Epic for $58 million in damages related to the development of Too Human. The Candian developer had accused Epic of using Unreal Engine licensing fees to fund its own projects without providing adequate support for licensees.