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PopCap to appeal $4.6 million damages claim

MumboJumbo wins payout following collapse of distribution deal

PopCap has said that it will appeal an award of $4.6 million in damages to its former business partner MumboJumbo after a jury in the US found it guilty of fraud, tortious interference and breach of contract.

The original deal between the two companies was signed in 2006 and involved MumboJumbo selling and distributing PopCap's titles - but the latter became dissatisfied with the payments made by the former and sued, with MumboJumbo then countersuing.

"PopCap committed fraud and tortious interference when it severely damaged the business relationship between MumboJumbo and a key retailer," said MumboJumbo's law firm, Rose Walker, according to Gamasutra.

"Central to proving that portion of the case were PopCap's own internal e-mail messages, which showed the company employed a calculated use of false and misleading statements in order to sour that business relationship.

"The law allows you to do plenty of things to be successful in business. However, it does not allow you to commit fraud or interfere with a company's business relationships. The jury's verdict is a clear signal that this type of business conduct is not going to be tolerated."

But PopCap doesn't accept blame, and intends to pursue the matter further, according to VP of public relations Garth Chouteau: "PopCap continues to believe that it did nothing wrong in this case, and will vigorously pursue its claims and defend itself through the appeals process."

Lawyer's fees have yet to be added to the final bill, with that amount set to be decided this week.

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