[[SS]Chief]

Update:

Ex-Infinity Ward developers receive $42 million from Activision Payment not a settlement

Before its lawsuit against former Infinity Ward co-heads Jason West and Vince Zampella goes to court, Activision has paid $42 million to some of the ex-Call of Duty developers.

Activision decided that before taking a myriad of former Infinity Ward developers to court, it would be give a $42 million check to the Infinity Ward Employee Group, in a payment that isn't in any form a settlement. The payment includes 10 percent interest, which accompanies the $22 million already paid by the Call of Duty publisher for the first quarter launch bonus.

The attorney for the Infinity Ward Employee Group Bruce Isaacs confirmed the payment was made. However, he described it as a "cynical" attempt by Activision "to look good before the jury trial."

"I can confirm for you that it happened today. I can also tell you that although it is a meaningful payment it is only a small portion of what we are seeking in litigation. It is outrageous that they made us wait, they obviously knew they owed the money and this just shows that they breached the contract."

Activision CEO Bobby Kotick apparently agreed that since the evidence didn't implicate the Infinity Ward Employee Group, which consists of 40 plaintiffs including notable ex-developers of the studio, it would pay the necessary amount required by the Modern Warfare developers and instead focus their legal battle on just West and Zampella. However, Isaacs stated the group will still pursue the suit against the publisher as the payment isn't related to a settlement.

"They are just as interested as they were before hand. We are seeking all kinds of bonuses per the contract. This payment relates to one particular game and one particular time period and one particular bonus."

Activision and Infinity Ward's trial will go to court on May 29.