Courtroom Setback in Epic Fight 'Tis a Flesh Wound, Says Silicon KnightsS

Much has been made of a recent ruling adverse to Silicon Knights in its long-running lawsuit with Epic Games, the Gears of War maker whose Unreal Engine was to have been the guts of 2008 flop Too Human. Basically, a judge tossed out an expert witness for Silicon Knights; he was going to give his estimates of the losses Silicon Knights suffered when its deal with Epic went in the crapper.

Denis Dyack, the combative founder and president of of Silicon Knights, emailed Kotaku earlier on Wednesday to say that this in no way represents the end of the legal action, which he expects to win against Epic.

"Terry Lloyd [the Silicon Knights expert witness] being excluded from testifying at trial is really one of the few rulings that Epic can say went their way," Dyack said.

The remainder of the statement reminds that this thing still is going to trial. "Epic is going to trial for Fraud, Unfair Competition, Deceptive Trade Practices, Breach of Warranty, and Breach of Contract, and the voluminous evidence of Epic's wrongdoing will be heard by the jury," the company says.

In a nutshell, Silicon Knights alleges that Epic failed to provied a working game engine for Too Human, withheld an improved version of the Unreal engine, and used licensing fees to, in bad faith, fund its development of Gears of War and not improve Unreal.

"Silicon Knights has patiently waited for five years for this trial and is looking forward to Epic's misconduct finally being aired in the light of day," the company said in its statement. "We are glad that there was such interest from the press during the holidays, as this case is important for the video games industry."