"The above action, including any and all claims that were or could have been asserted by the parties, is dismissed with prejudice in accordance with the terms of the Settlement Agreement executed by the parties on May 14, 2010," reads the filing made May 28. nope
With the legal drama out of the way, the road to the long-awaited release of Duke Nukem Forever is apparently clear of legal hurdles--the game just needs to be finished.
Take-Two, the publisher of the notoriously long-in-development shooter, initially sued 3D Realms/Apogee Ltd. after the studio let its development staff go, which Take-Two took to indicate the cancellation of Duke Nukem Forever. 3D Realms fired back with a counter-suit of its own, revealing that the game was still in development.
"Dismissed with prejudice" means that neither can file another suit on the same claim. Details on the "Settlement Agreement" were not available, though the U.S. Trademark Office indicates that 3D Realms/Apogee Ltd. still owns the Duke Nukem property.