Way back forever ago in 2007, Silicon Knights filed a lawsuit against Epic Games for alleged breaches of contract regarding the Unreal Engine 3, and the latter company’s failure to provide adequate support during the development of Too Human. According to the claim, this severely impacted the game’s development, while Epic concentrated on Gears of War instead.
The litigation stalled for one reason or another, Too Human was eventually released to mediocre reviews and bargain-binned within a month, and everybody forgot about it.

Yesterday, however, two federal court judges finally ruled that the case can go to court.

When Epic first went public about our case to the press, they said that our claims were without merit,” Silicon Knights boss Denis Dyack told Kotaku. “Two separate federal court judges have now disagreed with Epic, and have ruled that the case does have merit.

“Silicon Knights has always wanted to have our focus be on making great games, not litigation. This ruling will allow us to have our day in court, before a jury, and to shine the light publicly on Epic’s conduct. We are very confident the jury will see the truth behind Epic’s actions.”