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EA's request to throw out Activision lawsuit is denied

Date set for West/Zampella contract interference trial.

A US superior court judge has denied EA's request to throw out Activision's $400 million contract-interference suit relating to the departure of Infinity Ward co-founders Jason West and Vince Zampella last year.

Judge Elihu Berle ruled that Activision had offered sufficient evidence to uphold its claim and ordered the case move on to trial, which is scheduled to begin on 7th May 2012. A related summary judgment motion put forth by West and Zampella was also denied.

Activision is alleging that West and Zampella breached their contracts and duty of loyalty to the publisher by conduct that was "insubordinate and otherwise improper", adding that pair's actions were caused, at least in part, by EA's "unlawful tampering".

West and Zampella, who have since set up Respawn Entertainment and secured a publishing deal with EA, filed their own suit against Activision in March 2010, shortly after they were sacked by the publisher, claiming wrongful termination and missing royalties. That case is also set to go to trial some time in 2012.