Apogee has finally answered the lawsuit that Take Two filed against them a little over a month ago.

There is a lot of information given within this countersuit that the Duke Nukem developer has filed.

A few of the major points:
A new game. Duke Begins was being developed by 2k Games.
Loans were suppose to be paid by Duke Nukem Forever royalties.
Over $20 million spent in developing DNF, so far.
DNF was being developed for both the PC and Xbox 360

Apogee goes even so far as to accuse Take Two of sabatoge the projects , so they could buy the franchise at a lower value. In the suit they state,  Take Two and/or its subsidiary 2K Games halted or otherwise cancelled all development work by the third-party game developer on the Duke Begins game in April 2009... without Apogee’s approval or consent...

When Apogee confronted Take-Two and 2K Games about the... cancellation of the Duke Begins development work... Take-Two and 2K Games simply denied it... Take-Two and 2K Games are taking such actions with a goal of pressuring Apogee to sell the Duke Nukem franchise rights to Take-Two for less than their true value.