Silicon Knights, the studio behind both of these games, recently tried to sue Epic Games, developer of the insanely popular Gears of War trilogy, over claims that Epic's Unreal graphics engine was an incomplete product that Silicon Knights used to develop both of these games and was the reason behind the failure of both games. Needless to say, Silicon Knights lost and, in addition to paying a hefty fine to Epic, the courts though that Silicon's punishment (cue Bane impersonation) must be more severe.
According to a recent ruling by the North Carolina District Court, Silicon Knights has been required to "cease producing and distributing" and "recall and destroy" all unsold copies of Too Human and X-Men: Destiny along with The Box/Ritualyst, The Sandman and Siren in the Maelstrom, the last three being unreleased titles, at its own expense.
In addition to that, the judge also ruled that Silicon Knights is responsible to pay Epic an additional $278,000 in court costs, $2.09 million in attorney fees and $2.3 million in pre-judgement interest. If you add that to the $4.45 million that Silicon Knights already owed Epic then that brings to overall total costs that Silicon Knights owes Epic Games to around $9 million.
According to a statement from an Epic Games' spokesperson, "Epic Games appreciates the court's careful consideration of the motions and is gratified by the order." The interesting thing is that this ruling comes over five years after Silicon Knights originally sued Epic, alleging that the Unreal engine didn't work as it was supposed to. Epic counter-sued and then the case went to trial earlier this year. The worst part about the entire suit is that even if Silicon Knights had won, it would only have been awarded $1 per claim.
If you have ever wanted to play wither Too Human or X-Men: Destiny then you better get your copy fast because all the ones still in stores are poised to be collected and destroyed pretty soon.
Source: IGN - Silicon Knights Ordered to Destroy Unsold Unreal Engine 3 Games