"Sega cannot comment on specifics of ongoing litigation, but we are confident that the lawsuit is without merit and we will defend it vigorously," said a Sega spokesperson .

Gearbox also called the suit "beyond meritless" in a statement. "Attempting to wring a class action lawsuit out of a demonstration is beyond meritless. We continue to support the game, and will defend the rights of entertainers to share their works-in-progress without fear of frivolous litigation," said a spokesperson for the Borderlands 2 developer.

The lawsuit, filed earlier this week in a Californian court by firm Edelson LLC, claimed that the final game "bore little resemblance" to the early footage of Aliens: Colonial Marines shown in demos and gameplay trailers.

Aliens: Colonial Marines launched this year to a negative reception: .

One of the Aliens: Colonial Marines developers, TimeGate Studios, .