According to 3D Realms co-founder Scott Miller, ”After reviewing evidence regarding our business affairs, and without any money exchanging hands, we have satisfactorily resolved any and all differences that we perceived against Gearbox..
“In all sincerity, we regret the misunderstanding that instigated our lawsuit. Now that we better understand–and appreciate–the actual nature of our business matters, we have voluntarily withdrawn our claims against Gearbox, with genuine apologies to (Gearbox Software CEO Randy Pitchford) for any damage that our lawsuit may have caused to the relationship.”
3D Realms had originally filed a breach of contract suit against Gearbox Software back in June over the matter of what the defunct studio claimed were $2M in unpaid royalty fees and advances regarding Duke Nukem Forever.
3D Realms was closed in 2009. Its legal name is currently Apogee Software.