The judge has dismissed EA's claim that Activision hasn't provided enough information for its suit against its rival.
The tangled web of lawsuits and countersuits between EA, Activision, and former Infinity Ward bosses Jason West and Vince Zampella is staying as complicated as ever, following a California judge's ruling that Activision could proceed with its suit against EA.
Activision's suit against EA alleged that West and Zampella had conspired with the publisher to help Battlefield: Bad Company 2 at the expense of Call of Duty: Modern Warfare 2. The complaint went on to say that West and Zampella had deliberately delayed the release of a MW2 map pack until after BC2 had launched, based on an email that EA's Lincoln Hershberger sent to other EA execs saying that Zampella owed Hershberger a favor. Jeff Brown, a spokesperson for EA, said that the email was a joke, and that the publisher had never spoken to West and Zampella before their newly formed Respawn Studios signed up with its EA Partners arm.
EA called Activision's case against it a "conclusionary allegation," and moved to have it thrown out, with Robert Klieger, a lawyer for EA, arguing that Activision hadn't actually identified any confidential information pertaining to the suit. California Superior Court Judge Elihu Berle disagreed, however, saying that he wasn't judging on merits of Activision's claims, but there was enough information to let all bar one of them proceed.
The lawsuit is worth $400 million, so it's going to be bitter and long fought. There's also the fact that neither side in the dispute is going to be hurting for lawyers. This is a case that will likely bubble away for months before finally coming to a resolution.