Update: Interplay responds.
In the latest round of court drama between Bethesda and Interplay, Bethesda has filed a motion in limine. According to an analysis by our source, Bethesda is trying to prevent Interplay from bringing damning evidence up in the jury trial. Here is the important text from the file by Bethesda:
For the reasons set forth in the accompanying memorandum, Bethesda moves the Court for an order:
(1) Holding that Defendant/Counter-Plaintiff Interplay Entertainment Corp. (“Interplay”) bears the burden of proof at trial on each of the following issues: (a) that Interplay has a trademark and copyright license; (b) that Interplay had commenced “full-scale development of its FALLOUT MMOG” by April 4, 2009 as set forth in Section 2.3 of the Trademark License Agreement entered into by Bethesda and Interplay on April 4, 2007 (the “TLA”); and (c) that Interplay had “secured financing for the FALLOUT MMOG in an amount no less than US$30,000,000.00” by April 4, 2009 as set forth in Section 2.3 of the TLA;
(2) Precluding Interplay from offering parol evidence to support its defense that the TLA granted Interplay a copyright license;
(3) Precluding Interplay from arguing at trial that it had satisfied the “full-scale development” and “Minimum Financing” requirements set forth in Section 2.3 of the TLA by April 4, 2009; and
(4) Precluding Interplay from amending its pleadings to assert the affirmative defense of mistake.
I suppose if this motion was approved, then (1)(b) would mean that Interplay would have to show substantive proof of the development of Fallout: Online, which hopefully means that we could get our hands on some good stuff from the game to show you :-)