"Epic had asked for the entire case to be dismissed. Judge Dever denied this request, which is not unusual," explained Epic VP Mark Rein. "Often these requests are denied. It is important to note that this was not a decision on the merits of Silicon Knights' claims. We are confident that the evidence will show Silicon Knights breached its license with Epic Games and violated our copyrights and trade secrets."

Dever's decision comes after Silicon Knights filed a rebuttal against Epic's motion to dismiss. "Epic’'s Motion to dismiss should be denied in its entirety, Epic should be ordered to answer the Complaint, and this case should proceed to discovery and trial," it read.

Charges filed against Epic in the lawsuit, which centers around Silicon Knights' experience with Epic's Unreal Engine 3 while developing Too Human (X360), include Fraud, Negligent Misrepresentation, and Breach of Contract. Epic maintains that all of the issues Silicon Knights encountered while using its technology are covered under the Unreal Engine 3 License Agreement.