Descent: Underground Legal Complications

State of the game post on Kickstarter has word on what's going on with development of Descent: Underground, the crowdfunded successor to the Descent series of flying shooters (thanks Kxmode). Descendant Studios explains that a trademark dispute has lead to a lawsuit and a counter-suit, and point the way to these court filings if you're interested in how the sausage gets made. To further complicate matters, the license agreement with Interplay lapsed during the legal proceedings, so after the court rules on the case a new deal will need to be negotiated for the game to be released using the Descent name. Amid all this discouraging news they offer a bit of optimism with a status update trailer showing off some gameplay. Here's how they describe the worst-case scenario if they cannot re-license the Descent title:
If no agreement is reached, the game could be released as the original pre-kickstarter title "Ships that Fight Underground" or something else, as Descendent Studios owns the assets and the game IP. Our strong preference of course, is to re-engage Interplay and procure another license and release as a Descent product - that will need to be negotiated after the court has their say in the dispute listed above.