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.