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The ongoing legal battle between Silicon Knights and Epic Games has taken a turn as Silicon Knights are being forced to pull all unsold copies of their games using the Unreal 3 Engine from retail shelves. The new ruling on post-trial motions for the case between Silicon Knights and Epic Games also saw Epic’s jury award upped from $4.5 million to over $9 million.
The ruling, which was dated November 7, requires Silicon Knights to cease using Epic Games’s “Licensed Technology” and remove it from the company’s engine. They will have until December 10 to destroy any code built using Epic’s tech; which includes Too Human, X-Men: Destiny, ‘Siren in the Maelstrom,’ ‘The Sandman,’ ‘The Box/Ritualyst.’ Silicon Knights must notify the court by December 21 and again on February 21 2013 concerning all injunctions ordered, and they are to be carried out at the company’s expense.
“Epic Games appreciates the court’s careful consideration of the motion and is gratified by the order,” an Epic Games Representative said.
The Box/Ritualyst was an open world horror game that was pitched to Sega but was cancelled by the publisher in 2008. As for Siren in the Maelstrom, it was rumored to be an upcoming project after being outed by a Canadian cultural agency’s list of newly funded projects. It’s unknown if The Sandman is a project connected to DC Comics’ series of the same name.
Back in 2007, Silicon Knights sued Epic Games for allegedly breaching the companies’ agreement over Unreal Engine 3 licensing. Epic filed a counterclaim, alleging that Silicon Knights developed its own engine and games other than Too Human illegally by using Unreal Engine 3. In May this year, the court ruled in favor of Epic Games, ordering Silicon Knights to pay Epic $4.45 million in damages.
This week’s ruling adds a further $4.7 million to be awarded to Epic, with $2.30 million in prejudgment interest, $2.09 million in attorney’s fees, and $278,000 in costs.
