6waves has chosen to settle the cloning lawsuit brought against it by Triple Town creator Spry Fox. The details of the settlement were not disclosed.
The news comes less than a month after a Seattle court denied 6waves’ request to dismiss the suit, stating the games were similar enough in both concept and visual presentation for Spry Fox’s case to proceed.
Game Politics has obtained a copy of the court filing dated Oct. 10, 2012. It reads:
The Court has been notified that the parties have reached a settlement in this matter. If the parties have not submitted a stipulation and proposed order of dismissal or a voluntary dismissal by 10/26/2012, the Court may enter its standard order of dismissal. Should additional time be needed to perfect settlement, the parties are directed to contact the in-court deputy.
Spry Fox originally filed suit against 6waves in January, alleging the publisher arranged to have a clone of Triple Town called Yeti Town created, despite the fact that the two companies had signed a non-disclosure agreement while they were negotiating a publishing agreement for the game on Facebook and mobile. Yeti Town was developed by Escalation Studios and published by 6waves in December 2011. In January 2012 6waves acquired the Dallas-based developer, further complicating the case.
In the original suit Spry Fox called for an injunction against Yeti Town, damages up to $100,000 and any profits 6waves earned from the game in an amount no less than $500,000. 6waves’ decision to settle the case out of court is unsurprising, not only because of the recent developments in the case — while allegations of cloning may be common in the game industry, jury trials are not. Most publishers choose to settle out of court.
UPDATE: Spry Fox co-founder David Edery responds with the following statement:
“As several news outlets have already discovered, we have amicably settled our lawsuit with 6waves. We are very happy with the outcome and glad to be finished with this matter. The full terms of the settlement are confidential, but I can disclose that as a consequence of the settlement, ownership of the Yeti Town IP has been transferred to Spry Fox. We look forward to putting 100% of our time and energy into our games, like the upcoming Leap Day, Steambirds 2 and Panda Poet mobile.”