Silicon Knights Denis Dyack says the Too Human developer is eagerly anticipating the outcome of its long-running dispute with Epic over Unreal Engine 3 licensing.
The ruckus kicked off back in 2007 when Silicon Knights served Epic with a lawsuit claiming it was "mislead" about how complete Unreal Engine 3 code actually was.
Epic was accused of "sabotaging" Unreal Engine 3 licensees by withholding an improved version of the engine and investing licensing fees in Gears of War development rather than the game making tool.
Silicon Knights claims Epic failed to "provide a working game engine" for Too Human, causing it to "experience considerable losses".
The judge in the case recently dismissed the testimony of one of Silicon Knights' key experts, who was ruled to have given unreliable estimates of the losses Silicon Knights sustained, but Dyack said in a statement issued to Kotaku that he nevertheless expects Epic's "misconduct" to come to light.
"Terry Lloyd [the Silicon Knights expert witness] being excluded from testifying at trial is really one of the few rulings that Epic can say went their way," he said.
"Epic is going to trial for Fraud, Unfair Competition, Deceptive Trade Practices, Breach of Warranty and Breach of Contract, and the voluminous evidence of Epic's wrongdoing will be heard by the jury.
"Silicon Knights has patiently waited for five years for this trial and is looking forward to Epic's misconduct finally being aired in the light of day," Dyack added. "We are glad that there was such interest from the press during the holidays, as this case is important for the video games industry."