Interplay vs. Bethesda, Continued

The case of Interplay vs Bethesda is finally going to court, after much filing and counter-filing for preliminary injunctions and the sort. What should be the final pre-case filings are motions in limine (motions to set up ground rules for the case) from both companies, as Duck and Cover reports. Bethesda’s motion includes requests for Interplay to bear the burden of proof, for no other evidence but contract language to be used, and for Interplay to be forbidden to change its pleading to “asserts affirmative defense of mistake” (basically to argue they did break the contract but didn’t know they were doing it). Interplay’s motion petitions to forbid Bethesda from bringing in more expert witnesses and notes Bethesda is unreasonably dragging its feet. Finally, Duck and Cover also reports the case is not going to jury due to a clause in the original APA contract between the two companies, and also offers a tidbit where Interplay claims Bethesda has been acting in bad faith about the contract.

A. Interplay proposes to prove the following facts in support of its counter-claims: (1) The Asset Purchase Agreement signed between Interplay and Bethesda on April 4, 2007, (APA) is void ab initio because there was no “meeting of the minds” with respect to the rights granted between the parties;

Bethesda can be fined for such bad faith dealing, and in the most extreme of cases the contract can be voided so Interplay owns Fallout again, but I have seen nothing suggesting this would be likely.