Developer Epic Games’s motion to have rival Silicon Knights’ breach of contract suit filed against it in U.S. District Court, Raleigh, N.C., this past summer dismissed was denied early this week by Judge James Dever, a court document showed. A separate order by the judge the same day showed he ordered that reports from “retained experts” be presented in court by July 1 and those from “rebuttal experts” by August 1. He also ordered that all fact discovery be completed by June 2 and all expert discovery be completed by Aug. 29. Silicon had accused Epic of making “false and misleading” statements in licensing Silicon to use Epic’s Unreal Engine 3 technology to develop games. Silicon claimed that Epic “violated” the deal by “failing to provide a working game engine.” That caused Silicon to experience “considerable losses” and forced it to spend its minimal time and resources to build its own engine instead of developing a planned game. Silicon also accused Epic of “unfair competition,” claiming Epic “intentionally and wrongfully” used licensing fees collected for the engine “to launch its own game” -- Gears of War -- “to widespread commercial success while simultaneously sabotaging efforts” by Silicon and others to develop their own games. Silicon requested a jury trial, unspecified damages and the deal with Epic to be “rescinded” or changed so that Silicon didn’t have to use the Unreal engine exclusively or at all. It also sought a permanent injunction against Epic to prevent it from further “unfair” business practices against Silicon, and for Epic to give up any profits from Gears of War. Epic countersued in August, accusing Silicon of misappropriating Epic’s licensed technology and claiming Silicon’s suit “lacks factual or legal merit” and is merely part of Silicon’s overall misappropriation plan (CED Aug 13 p10). Epic complained Silicon wants to use Epic’s technology, “pay nothing for it and use it any way it pleases.” Epic requested compensatory damages over $650,000 and unspecified punitive damages and legal fees. It also asked for preliminary and permanent injunctions against Silicon and an order that all infringing games, code and other articles from Silicon “be destroyed.” On the same day as the judge’s orders, Epic requested expedited discovery in the case, contending it “made a reasonable showing that it will continue to suffer irreparable harm” from Silicon’s conduct. Epic also argued its request for expedited discovery was “neither untimely nor burdensome.” But Dever also denied that request.
The International Trade Administration has issued its preliminary results of the following antidumping duty administrative reviews:
The International Trade Administration has issued the final results of its antidumping duty changed circumstances review of wooden bedroom furniture from China.
The International Trade Administration has made a final affirmative countervailing duty determination that countervailable subsidies are being provided to producers and exporters of coated free sheet paper from Korea.
The International Trade Administration has made final affirmative CV duty determinations that countervailable subsidies are being provided to producers and exporters of coated free sheet paper from China and Indonesia.
The International Trade Administration has initiated antidumping duty investigations to determine whether imports of polyethylene terephthalate film, sheet, and strip (PET film) from Brazil, China, Thailand, and the United Arab Emirates are being, or are likely to be, sold in the U.S. at less than fair value.
New Games: In its fourth week, Microsoft’s Xbox 360 game sequel Halo 3 was again the top-rented videogame in the U.S., according to Rentrak’s preliminary Home Video Essentials data for the week ended Oct. 21. The PS2 version of Madden NFL 08 from Electronic Arts (EA) was again No. 2 in its 10th week, EA’s Half-Life 2: The Orange Box for Xbox 360 was again No. 3 in its second week and the 360 version of Madden was again No. 4. There were no new releases in the top 10… EA delayed the game Army of Two until first quarter 2008 because “game quality is our top priority” and the team at EA Montreal that’s developing it thinks “more time for polish will make the game truly great,” said EA Games Label President Frank Gibeau. The title “has potential to become a lasting EA franchise,” he said… Activision shipped the latest Tony Hawk skateboarding game, Tony Hawk’s Proving Ground, for PS3 and Xbox 360 at $59.99, Wii at $49.99, PS2 at $39.99 and Nintendo DS at $29.99.
The International Trade Administration has made final affirmative antidumping duty determinations that coated free sheet (CFS) paper from China, Indonesia, and Korea is being, or is likely to be, sold in the U.S. at less than fair value.
Concerns about coming competition from Verizon’s FiOS service didn’t help a $10.6 billion proposed buyout of Cablevision as much as some had expected. Shareholders rejected the controlling Dolan family’s $36.26 a share offer Wednesday, the company said, based on a preliminary vote tally. Cablevision CEO James Dolan said the result was a “vote of confidence in the prospects for Cablevision.” The result came as little surprise. Several of Cablevision’s largest shareholders had signaled their intent to vote against the Dolans’ offer, which they viewed as too low.
The International Trade Administration has issued its preliminary results of the following antidumping duty administrative reviews: