The Alien: Colonial Marines lawsuit has been on going for two years now and it seems that SEGA will be the only one paying money out of their pocket when all is said and done, while Gearbox Software will walk away scot-free (minus courts and lawyers).SEGA previously agreed to pay $1.25 million back in August of last year, while Gearbox decided it would fight the charges stating it was a contractor and that SEGA had final approval. SEGA even made claims that marketing was also done by Gearbox in court filings which showed SEGA America’s displeasure with Gearbox CEO Randy Pitchford.

In May 12th, US District Judge James Donato actually denied the original motion for class certification of the suite and also denied dismissing Gearbox Software from the case. But just yesterday it seems that the plaintiff’s attorney agreed to dismiss Gearbox with prejudice (meaning they can’t file another suit against them concerningAliens: Colonial Marines) and in return Gearbox won’t be seeking legal fees. Of course there have been no explanation why the plaintiffs all of a sudden dropped the charges against Gearbox Software, after 2 years of fighting in court.

This also means that they will have a renewed settlement discussions with SEGA, these will go on until June 3rd. What are your thoughts on Gearbox Software being dismissed and SEGA still being charged with the suit?