Three unreleased (and unannounced) Silicon Knights games still in development were given the same order. The games were to be taken down from digital shops as well. Dever ordered that all unsold copies of the Too Human and Silicon Knights' more recent release X-Men: Destiny be destroyed. The evidence was fairly clear: Silicon Knights had inadvertently copied not just lines of code, but also reference notes left by Epic's coders. Dever III found that Silicon Knights had "deliberately and repeatedly copied thousands of lines of Epic Games' copyrighted code, and then attempted to conceal its wrongdoing by removing Epic Games' copyright notices and by disguising Epic Games' copyrighted code as Silicon Knights' own." In 2012, Epic won both legal battles, defeating the Silicon Knights suit and winning its counter-suit in the process. This was the beginning of the end for Silicon Knights. The counter-suit claimed that Silicon Knights "infringed and otherwise violated Epic's intellectual property rights, including Epic's copyrighted works, trade secrets, know how and confidential information". Epic also alleged that Silicon Knights used Unreal 3 code in their own engine on a game they were developing for Sega. "SK knew when it committed to the licensing agreement that Unreal Engine 3 may not meet its requirements and may not be modified to meet them," the company said in a statement. Then, on July 19th 2007, Silicon Knights sued Epic Games for "breach of contract" claiming (among other things) that the game engine was not complete and that Epic was using licensing fees to fund its own game, Gears Of War, instead of working to complete the unfinished game Unreal 3 engine. All future titles from the studio would be built using the Unreal 3 game engine. Silicon Knights and Epic Games signed a licencing deal in 2005.
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