The game may never be released, but its legacy may live on forever. Duke Nukem Forever, which 3D Realms was supposedly working on from 1997 right up until it closed its doors on May 6, is at the center of a lawsuit filed by its would-be publisher, Take-Two Interactive. But who's left to sue? The still-operating Apogee Software, which created the 3D Realms brand in 1994.

According to Bloomberg News, Take-Two alleges in a lawsuit filed May 13 that Apogee "continually delayed the completion date for the Duke Nukem Forever" and "repeatedly assured Take-Two and the video-gaming community that it was diligently working toward competing (sic) development of the PC Version of the Duke Nukem Forever." The suit states that Take-Two paid Apogee a sum of $12 million for the publishing rights to the game. The partnership was extended as recently as 2007, according to details of the case.

We've contacted Apogee and Take-Two for comment on the pending suit. Apogee is currently involved with the production of Duke Nukem Trilogy for PSP and Nintendo DS, announced at E3 2008.

[Via BigDownload]

This article was originally published on Joystiq.