Developer Silicon Knights has come out fighting after one of its key witness testimonies was dismissed in their ongoing court case against Epic.
The Escapist obtained a court order by the court that excluded the testimony of a key witness in the case; chartered account Terry Lloyd.
This legal action started way back in 2005. The basis for the case is Silicon Knights' allegations that: ""during the parties' license-agreement negotiations, Epic made false representations concerning the license agreement and the functionality of UE3."
They then claim that this initial misrepresentation of the Unreal 3 Engines capabilities "caused decreased sales of Too Human, caused Microsoft to end negotiations to develop two sequels... damaged Silicon Knights reputation, and impaired Silicon Knights' ability to secure future development projects."
The dismissal of Lloyd's key testimony (he was deemed "not qualified" and "unreliable and speculative") is a blow for Silicon Knights, but in a statement from company chief Denis Dyack to GamesIndustry.biz, they clearly remain invested in the legal process: "it is important that the full extent of the rulings in the case be known, Epic filed over 20 separate motions to exclude essentially every aspect of the voluminous evidence against them, including all of Silicon Knights' expert witnesses (beyond Mr. Lloyd) and all of the third-party information regarding Unreal Engine 3. Other than this one ruling on Mr. Lloyd, they were not successful."
He later added: ""It remains an inescapable fact that Epic is going to trial for Fraud, Unfair Competition, Deceptive Trade Practices, Breach of Warranty, and Breach of Contract."