Apogee Software has filed a lawsuit against Gearbox Software in a Texas state court claiming that the developer and publisher who took over Duke Nukem Forver owes it more than $2 million in unpaid royalties and fees. Apogee's lawsuit alleges that Gearbox failed to pay the money it owed to the company from the 2010 purchase agreement of Duke Nukem Forever and that Gearbox refused to allow the Apogee to conduct an "independent audit" of the royalties Gearbox has earned on the game.
Gearbox Software issued a harsh statement to Polygon about the Apogee lawsuit and Scott Miller's part in it, saying that the allegations were false, that Apogee / 3D Realms received the full benefit of the deal and that Apogee/ 3D Realms failed to "abide by the objective audit rules outlined in the agreement."
But the real insult comes when Gearbox takes a personal jab and Apogee's Scott Miller:
"Perhaps the lesson learned here is to never enter a gaming business deal with a person who has had more lawsuits than shipped games."
Gearbox says that it will prevail in this lawsuit. We will have more on this story as it develops.