David Jaffe, creator of the original God of War, and Sony Computer Entertainment America were named as defendants. The Hollywood Reporter reports that Judge Marilyn Hall Patel determined that, after playing some of the game, reading plot summaries, and hearing expert opinion, that any similarities were not significant enough to warrant an infringement lawsuit. The lawsuit was thrown out.
According to the decision, the plaintiffs works all "open with a Spartan attack on Athens" and the Spartan kings "get the soldiers to do whatever they want by brainwashing them into believing that the war god, Ares, is the one true god."
God of War 3, the latest (and possibly final) in the series, was just released for the PlayStation 3. David Jaffe was not involved in the development.