Epic Games got a helpful ruling from a federal judge this week when he agreed with the game-maker that Silicon Knights could not use data from a financial expert it hired for its suit against Epic.

The Escapist and Gamasutra reported that Chief U.S. District Judge James C. Dever III sided with Epic, which had argued that Terry Lloyd used ”his own subjective conclusions about an industry in which he had no prior knowledge or experience,” The Escapist said in quoting Dever’s decision.

Epic had asked to have Lloyd’s testimony thrown out of the suit in which Silicon Knights, based on St. Catherines, Ontario, is seeking damages over how a version of Epic’s Unreal Engine 3 performed when it was developing “Too Human” for Microsoft. Silicon Knights claimed it had to rebuild the engine and lost two years in the process and an opportunity for sequels.

Lloyd estimated Silicon Knights suffered $58 million in damages.

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