Modern Warfare trial delayed

Activision's day in court with ex-Infinity Ward heads Jason West and Vince Zampella now slated for May 29.

The court case between Activision and Infinity Ward co-founders Jason West and Vince Zampella has been delayed, the duo's legal representation O'Melveny & Myers confirmed with GameSpot today. The case was previously scheduled to begin on May 7, but will now commence on May 29.

The Modern Warfare case will begin this May.

According to a Game Informer report, the start date was bumped back at the request of Activision. As of press time, the publisher had not responded to GameSpot's request for comment.

Initially filed shortly after the duo was fired in March 2010, the suit seeks to claim royalty payments that West and Zampella believe Activision owes them following the highly successful launch of Call of Duty: Modern Warfare 2. In April 2011, West and Zampella amended the suit to add fraud charges against the publisher. One of the fraud claims was tossed out by a judge last month.

Beyond the performance-based payout and any other court-awarded monetary damages, West and Zampella are also seeking to gain co-ownership of the Modern Warfare brand. If successful in court, West and Zampella would have the right to create and release both old and new installments in the Modern Warfare franchise.

Activision is not taking these allegations lying down. In March, the Call of Duty publisher succeeded in adding Electronic Arts to its $400 million breach-of-contract countersuit against West and Zampella. That suit stems from the duo's formation of a new studio, Respawn Entertainment, which is working with EA on its first game.

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