being ordered by the US court to recall and destroy all unsold copies of games using Unreal Engine 3, including Too Human and X-Men: Destiny. The new ruling on post-trial motions for the case between Silicon Knights and Epic Games also saw Epic's jury award upped from $4.5 million to over $9 million.
The ruling, dated November 7, also orders Silicon Knights to cease using Epic Games's "Licensed Technology" and remove it from the company's game engine. Furthermore, Silicon Knights has until December 10 to destroy any code built using Epic's technology; the court order includes Too Human, X-Men: Destiny, Siren in the Maelstrom, The Sandman, and The Box/Ritualyst. Silicon Knights must notify the court by December 21 and again on February 21, 2013, concerning all injunctions ordered, and they are to be carried out at the company's expense.
"Epic Games appreciates the court's careful consideration of the motion and is gratified by the order," Epic Games told us when reached for comment.
The Box/Ritualyst represents an open-world horror game initially pitched to Sega but cancelled by the publisher in 2008. As for Siren in the Maelstrom, it was rumored to be upcoming after being outed by a Canadian cultural agency's list of newly funded projects. It's unknown if The Sandman is a project connected to the DC Comics series of the same name.
The case began with Silicon Knights suing Epic Games in 2007 for allegedly breaching the companies' agreement over Unreal Engine 3 licensing. Epic in turn filed a counterclaim, alleging Silicon Knights developed its own engine and games other than Too Human illegally by using Unreal Engine 3. In May this year, the court ruled in favor of Epic Games, ordering Silicon Knights to pay Epic $4.45 million in damages.
This week's ruling adds a further $4.7 million to be awarded to Epic, with $2.30 million in prejudgment interest, $2.09 million in attorney's fees, and $278,000 in costs.