Here's some more interesting reading for the Duke debacle spectators out there:

On October 22, 2007, Apogee, Take-Two, and 2K Games entered into an agreement in which Apogee granted 2K Games the exclusive right to develop and publish a new videogame based upon Apogee's Duke Nukem franchise... The new game was given the working title of "Duke Begins" and is not the same game as the DNF game

So, according to that snippet from Apogee's rebuttal to Take-Two's lawsuit, 2K Games was given the nod to actually create an all-new Duke title aptly dubbed, Duke Begins.

Apogee are claiming development on the tentative title was stopped in April 2009 when all Duke-related information and action seemed to implode, though Take-Two have apparently denied such reports begging the question: is it still being delivered?

Further, Apogee are claiming this halt on development of the title has seriously hurt 3D Realms and the Duke namesake and that this is, in fact, a deliberate course of action so Apogee will have no choice but to sell the Duke IP to Take-Two at less than what it's worth so they can pay back the rather large sum of $2.5 million that was advanced to them for Duke Nukem Forever development.

If there are any lawyer types out there, GamePolitics.com have a 20-page PDF document hosted outlining Apogees suit.