Activision Sticks It To EA With Lawsuit

Call of Duty Modern Warfare 3 Activision Sticks It To EA With Lawsuit

COD: MW 3  – 9.3 million
Battlefield 3 – 5 million

That’s how many copies each game sold on their first week (with reputable sites questioning the copies sold for BF 3, more like in the 2-3 million is the speculation).    So Activision wins again but they’re not done yet.  They’re suing EA for $400 million for supposedly trying to talk to former Call Of Duty developers, Jason West and and Vince Zampella.  The COD developers are suing Activision for royalties.  In the lawsuit, Activision is blaming EA for the two guys leaving the company.

Now this is some good drama.  Below is the press release from Activision:

Activision Publishing, Inc., a wholly owned subsidiary of Activision Blizzard, Inc. (Nasdaq: ATVI),  announced that the Los Angeles Superior Court has denied a motion brought by Electronic Arts, Inc. (EA) for summary judgment, thereby permitting Activision to proceed to trial on its $400 million contract-interference suit against EA..  At a hearing held yesterday, December 21, 2012, Judge Elihu Berle denied EA’s motion, finding that the evidence presented by Activision supplied a basis for a jury to potentially conclude both that EA had intentionally interfered with Activision’s employment agreements with former Call of Duty game developers, Jason West and Vince Zampella, and that EA had aided and abetted West and Zampella’s breach of fiduciary duties to Activision.  A related summary judgment motion put forth by West and Zampella was also denied.

In the suit Activision alleges that West and Zampella breached their contracts and duty of loyalty to Activision by conduct that was insubordinate and otherwise improper and that West and Zampella’s misconduct was caused, at least in part, by EA’s unlawful tampering.  A jury trial in the case is scheduled to begin on May 7, 2012.

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