Last year, Activision filed suit against EA for allegedly luring away Call of Duty: Modern Warfare creators Jason West and Vince Zampella. The company is seeking $400 million in damages for intentionally interfering with employment agreements.

Today, the wheels on that case are in motion as a California judge has approved Activision’s request to proceed with litigation. A jury trial is scheduled for May 7, 2012.

West and Zampella were originally booted from Infinity Ward under grounds of misconduct, which Activision claims EA had a hand in. The duo’s departure led to a mass exodus at the studio, with several team members leaving to join ranks at West and Zampella’s new venture — Respawn, which was funded in part by EA.

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