Apogee and Gearbox mired in the fallout.
Apogee, the entity at heart of 3D Realms, is suing Gearbox. The claim is that Gearbox failed to meet agreed upon fees and profit shares for the production and sales of 'Duke Nukem Forever.' The dispute is further intensified by Apogee's claims that Gearbox has failed to allow for a proper audit of the game's sales performance. The current suit is seeking some $2 million, and lawsuit is one of many that Apogee is currently undertaking.
From Gearbox, "The reality is that Apogee / 3D Realms (3DR) received the full benefit of its bargain. Gearbox, in its fulfillment of its commitments, enriched 3DR, saved 3DR from its debts and rescued 3DR from its litigation surrounding its failed dozen-plus year attempt to ship Duke Nukem Forever.
"Everyone wished that 3DR's game was better received by the market for the benefit of gamers and profit to its creators. While 3DR might not wish the reality that the results make clear, 3DR turned out to be the only beneficiary of the deal. Gearbox Software, meanwhile, experienced damage to its credibility and loss of its money."
Gearbox has previously made statements publically about the high number of sales for 'Duke Nukem Forever,' though many of those sales were likely at a high discount.
"Perhaps the lesson learned here is to never enter a gaming business deal with a person who has had more lawsuits than shipped games."