The results from the motion in limmes are in. As previously reported there are wins and losses on both sides:
The TL;DR Version (remembering I'm not a lawyer; however much I might like to be one):
1. As per part of the Bethesda Motion; at trial Interplay will be required to prove that in April 2009 they met the requirements of the MMO license agreement as agreed in 2007. Specifically this requires that they had access to $US 30 Million in financing and started full scale development. A motion to prevent them making such arguments was denied.
2. Interplay will not be allowed argue "mistake". http://en.wikipedia.org/wiki/Mistake_(contract_law)
3. Despite the limited availability preventing Interplay from deposing Thomas Bidaux; he will be allowed to testify but will not be allowed to give evidence beyond MMOs in general and other background information(this prohibition is based on a report he wrote that Bethesda have used to argue him in not actually talking about this situation or Interplay).
The Transcript of the ruling is available at Duck and Cover.
The Main event now kicks off on December 12 9:30AM. Interplay apparently think this will take just over 2 days. Edit : Bethesda's arguments in a nutshell from their latest filing. Agent c 11:31, December 8, 2011 (UTC)