Gearbox Software has asked the Northern District of California Court to dismiss four claims against the developer in the class-action lawsuit related to Aliens: Colonial Marines. Lawyers for the developer say that it should have never been named in the lawsuit in the first place, because the lawsuit makes allegations about marketing and promotional activities that it did not have anything to do with – all that was handled by publisher Sega, the company asserts in its filing.
The class action lawsuit against Sega and Gearbox was filed in May of 2013 and alleges that parties involved in the game's promotion prior to release misrepresented its quality in marketing materials.
Gearbox also said that it made no money on the game and even went so far as to put money towards Sega's development budget to see it finished.
"During the development process, Gearbox supplemented Sega's development budget with its own money to help Sega finish its game; Gearbox's contributions to A:CM totaled millions, none of which was ever repaid," Gearbox's Steve Gibson stated in a deposition as part of the filing.
"The game's sales were insufficient to trigger any sales-based payments to Gearbox and, as a result, Gearbox has not received any additional monies from Sega for the sale of the game. Gearbox only received the milestone payments made by Sega during the game's development."
Gearbox also filed motions to have the lawsuit's class status removed, while attorneys for the plaintiffs filed a request to remove the original plaintiff Damion Perrine from the case because he is currently incarcerated on an unrelated matter in Pennsylvania (assault charges) and "unable to continue his service as class representative."
Polygon has more on Gearbox's filing here.