HardOCP sues Infinium on GameSpot (thanks Frans) has the follow-up to news that Infinium Labs was threatening to sue the hardware site over coverage of the upcoming Phantom console system (story) with word that the site has filed a preemptive lawsuit of its own. The article includes a Q&A with [H]ardOCP owner Kyle Bennett, and an outline of what the suit is about:

In a press release soon to be made public, lawyers representing KB Networks (the Bennett-founded entity that owns HardOCP), refers to the suit as one based on a legal statue commonly referred to as the "Declaratory Judgment Act." HardOCP lawyers explain the act as one that "permits a person or entity being threatened with lawsuits from another party to force the issue to be decided, rather than having to operate under a cloud of uncertainty and intimidation."

However, the statement does reiterate the position Bennett has maintained since he posted the original article, that the site "stands by its article, and believe[s] that the Federal Court will conclude, as HardOCP.com believes, that all relevant facts in the article are true."