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Jun
15
3D Realms files breach of contract suit against Gearbox Software
3D Realms has filed a breach of contract suit against Gearbox Software claiming it is owed more than $2 million in unpaid royalties and have been refused their agreed upon right to hire an independent audit firm to conduct an audit on Gearbox Software's royalty statements and related records which was one of the agreed upon clauses in the 2010 purchase agreement for certain rights and intellectual property related to the Duke Nukem franchise.
Law360, New York (June 12, 2013, 7:28 PM ET) -- Video game developer Apogee Software Ltd. claims Gearbox Software LLC owes it more than $2 million in unpaid royalties and advance payments after Gearbox bought rights related to Apogee's "Duke Nukem" video game, according to a breach of contract suit filed Friday in Texas state court.
Apogee, which does business as 3D Realms Entertainment, says Gearbox has failed to pay the money under the terms of a 2010 purchase agreement the companies inked, and claims the company has also barred 3D Realms from conducting an independent audit of the royalties Gearbox has earned.
“3D Realms has therefore been required to file this lawsuit to enforce the purchase agreement, to recover the amounts due and owing from Gearbox and to enforce the audit right provided by the agreement to enable it to conduct an audit of Gearbox's royalties,” the complaint says.
Gearbox on Wednesday emphatically denied the allegations in 3D Realms' complaint.
Apogee, which does business as 3D Realms Entertainment, says Gearbox has failed to pay the money under the terms of a 2010 purchase agreement the companies inked, and claims the company has also barred 3D Realms from conducting an independent audit of the royalties Gearbox has earned.
“3D Realms has therefore been required to file this lawsuit to enforce the purchase agreement, to recover the amounts due and owing from Gearbox and to enforce the audit right provided by the agreement to enable it to conduct an audit of Gearbox's royalties,” the complaint says.
Gearbox on Wednesday emphatically denied the allegations in 3D Realms' complaint.
