Humongous now moves to amend its counterclaim to add a count for breach of contract and to add factual matter to its claim for interference with prospective economic advantage. Humongous and Electronic Arts deny such allegations and bring counterclaims for violation of federal and state antitrust laws, intentional interference with contractual relations, intentional interference with prospective economic advantage, and unfair competition. LucasArts brings this suit alleging, among other things, that Humongous violated the terms of the licensing agreement by (1) failing to follow the terms of the price restriction provision and (2) allowing a third party (i.e., Electronic Arts) to publish Putt Putt Joins the Parade. After such three year period, the foregoing price restriction will be inapplicable. reserves the right to verify such wholesale price upon request in writing to Licensee.
#PUTT PUTT JOINS THE PARADE SOFTWARE LICENSE#
The precise language as outlined in section A.1.1.1(b) of the license agreement is as follows: For a period of three (3) years commencing on the Effective Date, may not sell any product it develops using the SCUMM System to any third party distributors in North America other than for less than seventy-five percent (75%) of the six month rolling average wholesale price, net of any promotional allowances, at which such products are resold to North American retailers (current examples of which include Software, Etc. Among other things, the license agreement states that Humongous may not sell its games which utilize the SCUMM program to any third party distributor other than LucasArts for less than a certain price and that Humongous must verify its compliance with the licensing agreement at LucasArts' request. LucasArts subsequently licensed the SCUMM System to Humongous under limited terms and conditions. The SCUMM System is a tool used in the development of computer video games.
#PUTT PUTT JOINS THE PARADE SOFTWARE SOFTWARE#
Humongous' principals are former employees of plaintiff LucasArts Entertainment Company ("LucasArts"), who created a software tool called the Script Creation Utility for Maniac Mansion ("SCUMM") System. ("Electronic Arts") and defendant Humongous Entertainment Company ("Humongous"), granting Electronic Arts the right to distribute Humongous' products, including a computer video game entitled Putt Putt Joins the Parade. This suit arises as a result of an agreement between Electronic Arts, Inc. Kennedy, Electronic Arts, Inc., San Mateo, CA, for intervenor-defendant Electronic Arts, Inc. Ostrau, Fenwick & West, Palo Alto, CA, Ruth A. Winn, Brobeck, Phleger & Harrison, Palo Alto, CA, for defendant Humongous Entertainment Co.ĭavid W. Kennedy, San Rafael, CA, for plaintiff LucasArts Entertainment Co.ĭavid M. Rafter, Gibson, Dunn & Crutcher, San Francisco, CA, James M.
HUMONGOUS ENTERTAINMENT COMPANY, a Washington corporation, Defendant. LUCASARTS ENTERTAINMENT COMPANY, Plaintiff,
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