UPDATE: Although it is not much to go on, I have more details concerning the case and the settlement. Bethesda has filed documents dismissing their lawsuit against Interplay:
Full docket text for document 167:
-SEALED-Joint MOTION to Seal to Temporarily Seal Joint Motion to Dismiss With Prejudice by Bethesda Softworks LLC Responses due by 1/23/2012 (Attachments: # (1) Joint Motion to Dismiss With Prejudice, # (2) Exhibit 1, # (3) Text of Proposed Order)(Stahl, Howard)
I am certainly not a lawyer, but it appears that by dismissing with prejudice, Bethesda has removed the option of ever suing Interplay over the same items ever again. From Wikipedia:
Within legal civil procedure, prejudice is a loss or injury, and refers specifically to a formal determination against a claimed legal right or cause of action.Thus, in a civil case, dismissal without prejudice is a dismissal that allows for re-filing of the case in the future. The present action is dismissed but the possibility remains open that the plaintiff may file another suit on the same claim. The inverse phrase is dismissal with prejudice, in which the plaintiff is barred from filing another case on the same claim. Dismissal with prejudice is a final judgment and the case becomes res judicata on the claims that were or could have been brought in it; dismissal without prejudice is not.
Unfortunately, seeing as how the motion was sealed, I don't have any more info. Hopefully it won't be too much longer before settlement details are released. Interplay was meant to release their earnings statement to the SEC today, but there is still nothing up. Stay tuned!
While I was away on vacation without internet for the last two weeks, I was sent transcripts and court documents from the latest Bethesda v. Interplay hearing. Other sites conjectured that a settlement was in the works between the two companies over Interplay's Fallout: Online MMO.
Today, DAC has confirmation that a settlement has, in fact, taken place. It actually took place the day of the trial - and had I been able to get online and sort through the documents I would have reported as much. We do not yet have the details of the settlement - they will be announced this month (January 2012) - but we can report that on the day of trial, the atmosphere in the court room was tense until the judge recessed. This recess was extended, and then they recessed for lunch. After the lunch recess, the court room was locked to everyone except attorneys and clients. When our source asked why this was the case, our source was told it was because they were working out a settlement. The following day, another source called the court reporter to ask what the next hearing schedule for the case was - this source was told there was no schedule as a settlement had been reached.
So there you have it. Bethesda v. Interplay settled and done after these long few years. Stay tuned to DAC in the near future for the settlement details. Will Interplay still be able to develop Fallout: Online? Did they give up the rights to do so for a truck load of money? Hopefully we'll have the answers soon.