"Often these requests are denied," said Epic VP Mark Rein. "It is important to note that this was not a decision on the merits of Silicon Knights' claims. We are confident that the evidence will show Silicon Knights breached its license with Epic Games and violated our copyrights and trade secrets."
Epic had filed the motion to dismissal alongside a countersuit against Silicon Knights over what it sees as an attempt by the Too Human developer to "take Epic's Licensed Technology, pay nothing for it, and use it any way it pleases." The fate of the counterclaim is unknown.
No court date has been set. The lawsuit filed by Silicon Knights claims Epic providing an inadequate Unreal Engine 3 and for providing insufficient support, causing SK's Too Human considerable delay. Given the proliferation of Unreal Engine 3 licensees in the industry right now, we're eagerly waiting to see the list of witnesses called to testify.