Apogee Software, also known as 3D Realms, is countersuing publisher Take-Two, who recently filed suit against 3D Realms for allegedly failing to deliver the long-awaited FPS, Duke Nukem Forever.
Tex.-based 3D Realms said in its counterclaim filed on June 19 (originally uncovered by GamePolitics, and subsequently obtained by Gamasutra) that negotiations with Take-Two regarding development of the Xbox 360 version of Duke Nukem Forever fell through on May 1, 2009.
This led 3D Realms to lay off most of its development team. Without the ability to finish Duke Nukem Forever, Take-Two, which was to publish the game, filed suit.
But 3D Realms claimed in its coutersuit that Take-Two did not hold up its end of a separate bargain inked between the two companies in October 2007 -- an agreement in which 3D Realms granted the publishing and development rights of an unannounced game tentatively titled "Duke Begins" to Take-Two subsidiary 2K Games.