While Take-Two admits that the development of Duke Begins "has for the time being been halted," the company denies that the game has been cancelled, and argues that 3D Realms did not need to be consulted regarding this change to the schedule.

Take-Two also disputed 3D Realms' claim that Duke Begins was originally due by mid-2010, and further denied that its halted development "has materially harmed Apogee and/or will necessarily delay the commercial release of the Duke Begins game."

In its counterclaim, 3D Realms said that a later release of Duke Begins would "delay any royalty payments...from sales of the Duke Begins game and prevent Apogee from being able to repay the [$2.5 million] advance when it becomes due in 2012."

As for the ongoing soap opera regarding Duke Nukem Forever and the funding issues that led to 3D Realms laying off most of its staff, Take-Two denies knowing in advance that terminating the funding negotiations between the two would lead to layoffs, though 3D Realms asserts Take-Two was "fully aware" of this "weeks before."