Following Mark Rein's new statement and Epic Games' counterclaim GameDaily BIZ spoke with Silicon Knights' attorney, Christopher T. Holland, an Equity Partner at Krieg, Keller, Sloan, Reilley & Roman. Unsurprisingly, Silicon Knights stands firm in its belief that Epic is at fault.

"We don't think Epic's counterclaim has any merit," Holland told us. "We believe strongly that our claims in our complaint will prevail and the damages Silicon Knights has suffered in connection with its original complaint are vastly more, millions of dollars more than what Epic claims its damages are in its counterclaim. They've set forth $650,000 and our claims will dwarf that substantially."

As an exclusive Xbox 360 trilogy, Too Human obviously means a lot to Silicon Knights (SK). It's a project that's been in development for many years, and if you ask SK they'll tell you that they're going to make a great game despite the hurdle they've faced with Epic and the Unreal Engine.

"The lawsuit itself will not have any effect on Too Human," Holland insisted. "The lawsuit is based on substantial delay and damage that Epic caused us, but through our own sweat and toil, we have created a new and better game engine, in our view, that we're utilizing now. We basically had to do ourselves what we paid Epic to do. As a result, we are back on track and this game is going to come out in a timely fashion."

Holland couldn't confirm whether the game would make it to market this year; he said it's up to SK and publisher Microsoft to determine that. One thing we do know is that Too Human was nowhere to be seen at this year's E3. However, SK President Denis Dyack told GameDaily BIZ previously that the game was a no-show because SK has "another event planned in the future for Too Human that we thought would be more appropriate" and SK was "extremely busy finalizing the game and we simply could not spare the time."

Finally, we asked Holland about Epic's claim that this new "Silicon Knights Engine" is essentially stealing code from the Unreal Engine. Holland simply pointed us in the direction of his first comment to us: Epic's counterclaim has no merit.

Stay tuned to GameDaily BIZ for future developments in this interesting lawsuit.