Looks like Frymuchan spoke too soon, and he has sent us an update to clarify some things about our recent report that Bethesda and Interplay had settled their case. Here's what Frymuchan had to say:
Well, looks like Bethesda and Interplay are still fighting. below is Interplay's filing from today. only thing off the table, at this point, is the preliminary injunction. Makes me think a deal is forthcoming, but both parties still have a gun pointed at the other's head. Interplay's gun, you owe me royalties along with the license and Bethesda's gun, you lose all rights to MMORPG and previous Fallout games.
Here's the filing:
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934
Date of Report (Date of earliest event reported): April 21, 2010
Interplay Entertainment Corp.
(Exact name of registrant as specified in its charter)
(State or other jurisdiction of incorporation)
(Commission file number)
(I.R.S. Employer Identification No.)
12301 Wilshire Boulevard, Los Angeles, California 90025
(Registrant's telephone number, including area code): (310) 979-7070
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:
Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange ct (17 CFR 240.14d-2(B))
Pre-commencement communications pursuant to Rule 13e-4(c)) under the Exchange Act (17 CFR 240.13e-4c))
Item 8.01OTHER EVENTS
On April 21, 2010, Bethesda Softworks LLC (“Bethesda”) dismissed the appeal it filed seeking to overturn the Order of the Hon. Deborah K. Chasanow, Judge of the United States District Court for the District of Maryland, denying in all respects the motion filed by Bethesda to preliminarily enjoin Interplay Entertainment Corp. (“Interplay”) from continuing to sell FALLOUT®, FALLOUT® 2, FALLOUT® Tactics, and FALLOUT® Brotherhood of Steel and to prevent Interplay from creating a FALLOUT®-branded massively-multiplayer online game pending a final determination of the respective claims of Bethesda and Interplay on the merits, in the action entitled Bethesda Softworks LLC v. Interplay Entertainment Corp., Case No. 09-CV-2357(DKC). Interplay will continue to defend its rights and to pursue its Counter-Claims against Bethesda, for among other things, Breach of Contract and Declaratory Judgment and an award of damages, attorney fees and other relief.
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
Interplay Entertainment Corporation
DATE: April 21, 2010
/s/ Herve Caen
Chief Executive Officer and Interim
Chief Financial Officer