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Embattled Midway caught in Epic vs. Silicon Knights suit


As Midway continues to fend off the courts and the government whilst floating in bankruptcy limbo, Edge Online reports that the company is now fighting yet another legal battle, this time over attorney fees in the Epic vs Silicon Knights lawsuit. Yeah, it's been a while since we wrote about that. Quick refresher: Silicon Knights is suing Epic over the "inadequacies" of the Unreal Engine used by licensees, which the developer originally used to craft Too Human before opting to create its own engine instead. As part of the proceedings, subpoenas for Unreal Engine records were issued to licensees, one of which was Midway.

Now, Midway is asking the court to defer all costs of the record review process to Silicon Knights. Additionally, the publisher is asking that certain documents be redacted so that Silicon Knights will not be exposed to any trade secrets. Midway cites its bankruptcy proceedings as preventing it from paying any costs associated with the review, including the hire of attorneys and former Midway employees.

The request resulted in a tit-for-tat between the companies' attorneys, with Silicon Knights responding that Midway's creditors have already approved a monthly expenditure of $35,000 over three months to pay for the review. Silicon Knights' attorneys also state that the company has "taken extraordinary steps" to prevent any "undue burden" on the beleaguered publisher.

This is normally where we would make a Mortal Kombat "Finish Him!" joke but, frankly, our hearts just aren't in it.

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