Thanks for the link, but that summary is terribly unprecise, not to say outright misleading. Better read the whole PR.
3DR thinks T2's suit is only bully tactics to get the IP. A small advance was paid in mid 2008, but it was in connection with another still unannounced game.
New fact: "The court denied Take-Two's request for a temporary restraining order."
I'm all on 3drealm's side in this one . Although I kinda understand why take two is doing what it is doing. I hope 3drealms can pull itself on solid ground from this mess and continue developing DNF which I hope to play when I'm old and grey .