3D Realms vs. Gearbox lawsuit settled

The 3D Realms vs. Gearbox Software lawsuit concerning reportedly unpaid royalties for Duke Nukem Forever has been dismissed with prejudice, meaning it will not be revisited, it was confirmed today.

"After reviewing evidence regarding our business affairs, and without any money exchanging hands, we have satisfactorily resolved any and all differences that we perceived against Gearbox," 3D Realms cofounder and CEO Scott Miller said in a statement.

"In all sincerity, we regret the misunderstanding that instigated our lawsuit," Miller added. "Now that we better understand--and appreciate--the actual nature of our business matters, we have voluntarily withdrawn our claims against Gearbox, with genuine apologies to [Gearbox Software CEO Randy Pitchford] for any damage that our lawsuit may have caused to the relationship."

3D Realms filed a breach of contract suit against Gearbox Software in June, claiming the studio failed to pay more than $2 million in royalties and advances related to Duke Nukem Forever. The lawsuit stems from the 2010 agreement between the two parties that saw the Duke Nukem IP officially shifted to Gearbox Software.

In addition, 3D Realms claimed that Gearbox Software blocked an independent audit of royalties earned on Duke Nukem Forever, a point the 2010 agreement should have kept them from doing. Gearbox Software issued a defiant statement at the time, calling out Miller as someone who has had "more lawsuits than shipped games."

3D Realms exists today in name only, after being effectively closed in 2009. The studio's legal name is now Apogee Software.