"The trial is proceeding," Dyack told Develop. "We feel really good about our claims, and we're hopeful that justice will be done. We all feel really strongly that they have defrauded us, and a major portion of the industry."

The dispute centers around Silicon Knights' claim that Epic held off on delivering promised features in its Unreal Engine 3 middleware in order to focus on its own UE3-powered effort, Gears of War (PC, 360).

The case went to trial following the denial of Epic's filing to dismiss the suit, and multiple licensees of the software have since been served with subpoenas in an effort to obtain evidence for the court battle.

"The Too Human you see today only really started development when [Metal Gear Solid: The Twin Snakes (GCN)] was completed," Dyack explained. "So it's been a four-year development cycle and it would have been out even quicker, but we had to re-write the engine because of all the Epic stuff."

The first of a planned trilogy, the oft-delayed Too Human will finally reach retailers this coming Wednesday.