According to the lawsuit, Take Two is tired and frustrated by Thompson's threats, lawsuits, retractions, and dismissals. The complaint states such actions by Mr. Thompson as "he brought suit on behalf of the State of Florida, dismissed it, filed again, sought a temporary restraining order, and then failed to pursue that motion" These lawsuits come at "unpredictable times and under unpredictable circumstances" which also interrupts a smooth transition between Take Two and retailers. In the past, Mr. Thompson has sued such giants as Walmart, Best Buy and Target over the sales of Take Two distributed games.
Take Two argues that Mr. Thompson's "nuisance" lawsuits are so utterly vague that they can't be constitutional. They also argue it is infringing on their First Amendment rights to free expression. "This unconstitutional vagueness will have a chilling effect on Plaintiff as well as Plaintiff's customers, Plaintiff's distributors likely will respond to the uncertainty and fear of penalties by withholding Plaintiff's video games from the public."
Take Two is seeking attorney's fees and a restraining order preventing more "nuisance" lawsuits from Mr. Thompson.
Source:
Arstechnica