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3D Realms drops Gearbox lawsuit, apologizes for 'misunderstanding'
3D Realms drops Gearbox lawsuit, apologizes for 'misunderstanding'
September 13, 2013 | By Kris Ligman

3D Realms has voluntarily withdrawn the lawsuit it filed this past June against Duke Nukem Forever co-developer Gearbox.

The suit alleged that Gearbox owed 3D Realms $2 million in unpaid royalties as part of a 2010 agreement regarding the Duke Nukem IP. 3D Realms argued that Gearbox had "refused and failed to make substantial royalty payments" stemming from the arrangement. In addition, the suit contended that Gearbox had failed to take over responsibility for a $2.9 million loan, which was also allegedly part of the 2010 agreement.

Fast forward to the 11th of this month, and 3D Realms has announced that the suit was due to a "misunderstanding" and withdrawn its claims against Gearbox. The suit has been dismissed with prejudice (meaning 3D Realms is legally barred from re-filing for the same claim further down the road).

The statement, by 3D Realms co-founder and CEO Scott Miller, reads as follows:

"After reviewing evidence regarding our business affairs, and without any money exchanging hands, we have satisfactorily resolved any and all differences that we perceived against Gearbox.

In all sincerity, we regret the misunderstanding that instigated our lawsuit. Now that we better understand--and appreciate--the actual nature of our business matters, we have voluntarily withdrawn our claims against Gearbox, with genuine apologies to [Gearbox president] Randy [Pitchford] for any damage that our lawsuit may have caused to the relationship.

Scott Miller

Individually & On Behalf of Apogee Software Ltd d/b/a 3DRealms Entertainment"

We'll follow up with the companies to see what this "misunderstanding" entails.

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