In 2014, Gearbox sued 3D Realms and Interceptor Entertainment over Duke Nukem: Mass Destruction. The lawsuit was settled a year later, Gearbox was confirmed as the full owner of Duke Nukem, Mass Destruction morphed into Bombshell, and all was well. However, last year, composer Bobby Prince sued Gearbox, Valve, and Randy Pitchford over the music he composed for Duke Nukem 3D and released by Gearbox on the Duke Nukem 3D: 20th Anniversary World Tour. They claimed that the music was used without permission.

Now, Gearbox has filed a new lawsuit against Apogee Software (the legal name for 3D Realms) and co-founders Scott Miller and George Broussard, alleging breach of contract regarding the sale of the Duke Nukem IP 10 years ago. Briefly, the lawsuit alleges that Gearbox failed to mention that 3D Realms did not own the music when it sold the rights to Duke Nukem.

"... . Gearbox purchased from 3D Realms all intellectual property related to the Duke Nukem video game series ("Duke IP"). In the asset purchase agreement, 3D Realms represented to Gearbox that the Duke IP was owned by 3D Realms at no cost and that 3D Realms had the right to use the Duke IP "without payment to any third party. APA that no copyrights would be infringed by the use of the Duke IP in the game series.

According to Prince's lawsuit, he only licensed a portion of Duke Nukem's music to 3D Realms. If so, 3D Realms failed to deliver Duke Nukem "free of charge" as stipulated in the purchase agreement; according to Gearbox, 3D Realms has also refused to indemnify Prince for his claims that were part of the purchase agreement.

Gearbox CEO Randy Pitchford told Digital Trends that he believes Prince's claims are legitimate, although ultimately it is up to the courts to decide.

"We are literally in the middle - either Bobby is right and should be paid, in which case 3D Realms is wrong... Or 3D Realms is right and Bobby is wrong. We don't know." So we need to call a judge and look at things from both sides."

While the purpose of Gearbox's lawsuit is primarily to ensure that the company is protected from costs and judgments arising from Prince's lawsuit, if it is determined that 3D Realms did not own the disputed property when it sold Duke Nukem, Gearbox "will be required to show that 3D Realms suffered actual damages equal to the difference between what Realms agreed to transfer to Gearbox and the value Gearbox actually received."

In addition to the actual damages suffered, Gearbox seeks attorneys' fees, interest, and "such further relief" as the court deems just; we have asked 3D Realms for comment and will update if we hear back.