According to a story on Gamespot, Activision is counter-suing Call of Duty: Finest Hour developer Spark Unlimited. The publisher is leveling six different charges against Spark. This includes trade secret misappropriation, trademark infringement, fraud, breach of contract, false designation of origin, and false advertising. In Spark's lawsuit, they are seeking $10 million in compensation for many similar charges, in addition to an injunction preventing the release of Call of Duty: Big Red One.

In the counter-suit by Activision, they say that (among numerous other things) Spark misrepresented themselves from the first day collusion between the two companies. The development of Call of Duty: Finest Hour was apparently troubled throughout the development cycle (according to documents from both Activision and Spark), leading to delays and additional resources being assigned to its completion. Activision wishes to take the case to court, and is seeking an unspecified amount of damages.