Bethesda and Interplay suddenly remembered a clause in the APA that means that despite requests from both for this case to go before jury, it won't be going before jury, Duck and Cover reports. Also, as you'd expect, Interplay has argued Bethesda dealt with them in bad faith.<blockquote>A. Interplay proposes to prove the following facts in support of its counter-claims: (1) The Asset Purchase Agreement signed between Interplay and Bethesda on April 4, 2007, (APA) is void ab initio because there was no "meeting of the minds" with respect to the rights granted between the parties;</blockquote>That's really not a new or shocking claim. Bethesda can be fined or more for that if the court agrees, and technically the APA could be voided, which would revert the Fallout license back to Interplay and see them be paid a ton of licensing fees out of the profits of Fallout 3 and New Vegas. I have never heard anyone other than Interplay stockholders suggest this is a likely case scenario.