According to Duck and Cover, Bethesda has dropped its appeal against Interplay after settling out of court. The details of the settlement have not been made public.<blockquote>The undersigned hereby moves that the above appeal be dismissed upon such terms as have been agreed to by the parties. FRAP 42(b). Undersigned counsel represents to the Court that all appellate counsel of record consent to this dismissal.
Respectfully submitted,
/s/ Jennifer Quinn-Barabanov
Howard H. Stahl
Jennifer Quinn-Barabanov
STEPTOE & JOHNSON LLP</blockquote>This might mean Interplay is now free to continue development of their MMO Project V13. But depending on the exact terms of the settlement it could also mean Bethesda paid Interplay some fees to just finalize the purchase of Fallout.
UPDATE: Interplay filed a current report, which still doesn't clarify the resulting license state and, but does state - to my surprise - that Interplay is still pursuing its counterclaim, and that the dismissal is only in regards to Bethesda seeking to overturn the preliminary injunction. If that is indeed all that is being dismissed, then the earlier report is completely wrong in stating the entire case is over, as the rest of the case would continue.<blockquote>On April 21, 2010, Bethesda Softworks LLC (“Bethesda”) dismissed the appeal it filed seeking to overturn the Order of the Hon. Deborah K. Chasanow, Judge of the United States District Court for the District of Maryland, denying in all respects the motion filed by Bethesda to preliminarily enjoin Interplay Entertainment Corp. (“Interplay”) from continuing to sell FALLOUT®, FALLOUT® 2, FALLOUT® Tactics, and FALLOUT® Brotherhood of Steel and to prevent Interplay from creating a FALLOUT®-branded massively-multiplayer online game pending a final determination of the respective claims of Bethesda and Interplay on the merits, in the action entitled Bethesda Softworks LLC v. Interplay Entertainment Corp., Case No. 09-CV-2357(DKC). Interplay will continue to defend its rights and to pursue its Counter-Claims against Bethesda, for among other things, Breach of Contract and Declaratory Judgment and an award of damages, attorney fees and other relief.</blockquote>
Respectfully submitted,
/s/ Jennifer Quinn-Barabanov
Howard H. Stahl
Jennifer Quinn-Barabanov
STEPTOE & JOHNSON LLP</blockquote>This might mean Interplay is now free to continue development of their MMO Project V13. But depending on the exact terms of the settlement it could also mean Bethesda paid Interplay some fees to just finalize the purchase of Fallout.
UPDATE: Interplay filed a current report, which still doesn't clarify the resulting license state and, but does state - to my surprise - that Interplay is still pursuing its counterclaim, and that the dismissal is only in regards to Bethesda seeking to overturn the preliminary injunction. If that is indeed all that is being dismissed, then the earlier report is completely wrong in stating the entire case is over, as the rest of the case would continue.<blockquote>On April 21, 2010, Bethesda Softworks LLC (“Bethesda”) dismissed the appeal it filed seeking to overturn the Order of the Hon. Deborah K. Chasanow, Judge of the United States District Court for the District of Maryland, denying in all respects the motion filed by Bethesda to preliminarily enjoin Interplay Entertainment Corp. (“Interplay”) from continuing to sell FALLOUT®, FALLOUT® 2, FALLOUT® Tactics, and FALLOUT® Brotherhood of Steel and to prevent Interplay from creating a FALLOUT®-branded massively-multiplayer online game pending a final determination of the respective claims of Bethesda and Interplay on the merits, in the action entitled Bethesda Softworks LLC v. Interplay Entertainment Corp., Case No. 09-CV-2357(DKC). Interplay will continue to defend its rights and to pursue its Counter-Claims against Bethesda, for among other things, Breach of Contract and Declaratory Judgment and an award of damages, attorney fees and other relief.</blockquote>