Epic's motion to dismiss memorandum, sent to Gamasutra by Epic's Mark Rein, says of Silicon Knights that it "used Epic's intellectual property to develop what SK expects will be a commercially lucrative video game that it is about to publicly release," but, "having exploited Epic's intellectual property to its advantage, SK now seeks to renege on its payment obligations under the License Agreement."

"In short," reads the documents, "SK's lawsuit is a pretense. SK does not have any valid claims against Epic. SK filed suit in a bid to renegotiate the License Agreement, in the hope that Epic will prefer that to the burden of responding to discovery and associated adverse publicity."