But Jason West and Vince Zampella will still go to trial

Activision settles Modern Warfare lawsuit with EA

Today Activision and EA told a court they would file a settlement agreement for the claim over the Modern Warfare series.

“Activision and EA have agreed to put this matter behind them,” read a joint statement by the two publishers.

The news, reported by Bloomberg, comes days after Activision paid $42 million in royalties to the Infinity Ward employee group, another party in what is becoming the biggest legal battle in industry history.

The case began when the creators of the Modern Warfare series, Infinity Ward developers Jason West and Vince Zampella, sued Activision over alleged unpaid roylaties and promises of creative freedom, which they claim the publisher used to keep them working on more titles in the series.

Activision filed a counter-claim, naming Electronic Arts as well as West and Zampella, alleging the rival had been in contact with the developers for months before the pair defected.

The settlement does not alter the claim of West and Zampella, and the court denied Activision’s request for a month long delay before the their trial.

Beth Wilkinson, who delivered the closing argument for the execution of Oklahoma City bomber Timothy McVeigh, requested the extension to prepare for the trial after being brought in at the last minute as Activision’s lead attorney for the case.

The West-Zampella claim will go to trial as planned on May 29th.

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