The lawsuit has been settled between Gearbox and 3D Realms over the ownership of the Duke Nukem IP. The year old lawsuit started when Gearbox, developer of Duke Nukem Forever, filed a lawsuit against 3D Realms over Duke Nukem: Mass Destruction. A mediated settlement was reached May 8. Released IP documents showed that Gearbox owned the Duke Nukem franchise in 2010.
3D Realms was given the opportunity to repurchase the game’s IP. If 3D Realms would attempt to repurchase the IP the buyback amount would include the starting price for sale, game publisher Take-Two’s loans for the game, and Gearbox expenses towards any Duke Nukem games.
There has been no announcement of who won the court the case or who decided to settle. It looks like it may have been Gearbox because 3D Realms is shelving Duke Nukem: Mass Destruction. 3D Realms is making a new game titled Bombshell which is supposedly similar in design to Duke Nukem: Mass Destruction.
Bombshell is expected to be released for Xbox One, Playstation 4, and PC this summer.