During E3 2009, Activision fired its first volley in court, suing Brütal Legend developer Double Fine and asking that EA not be allowed to release the game as scheduled this October. Double Fine shot back with its own countersuit just over a week ago, and today, a tentative ruling in a Los Angeles courtroom denied the movement to stop the release of Brütal Legend.

The Associated Press has Los Angeles Superior Court judge Craig Karlan pushing back the formal motions until August 6th, to allow both parties to further prepare their arguments -- and because his calendar is full at the moment (with dance parties, we assume). Though he called the case a "close call," he also noted that his tentative judgment is based on his belief that Activision's case doesn't have "a likelihood of success." Ouch.

This article was originally published on Joystiq.

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