Developer of Rise of the Triad, Interceptor Entertainment, has acquired Apogee Software and 3D Realms, creators of Duke Nukem.

Both companies are currently duking it out with big guns Gearbox Software in a lawsuit after claiming unauthorized use of the IP last month after Duke Nukem: Mass Destruction was announced. A whole host of charges are being brought against 3D Realms including trademark infringement, unfair competition, copyright infringement and breach of contract.

Danish firm SDN Invest, part owner and Principal Investor of Interceptor Entertainment, has made the acquisition, with Interceptor CEO Frederik Schreiber stating “3D Realms has always been a defining part [of] the PC games industry. Getting 3D Realms under our wings is a huge step for us and we are extremely excited about the acquisition.”

Schreiber had earlier described the lawsuit embroilment last week as, “an unfortunate situation,” going on to say: “We have acted in good faith and are working towards a resolution.”

What seems to be a bold move taking on a company that could drown under pressure from Gearbox, Mike Nielsen - a partner of Interceptor since last October said: “With this acquisition, we aim to strengthen 3D Realms and protect the legend that it is.

“The brand itself is very valuable, and we want to ensure the survival and return to the level at which it is renowned.”

The comments were made during an interview with Børsen, a Danish daily newspaper.

It remains to be seen what the outcome of the lawsuit will be; we’ll keep abreast of any major developments.