I have to agree with Reod on this...things are very early yet and no one has won or lost the case as of today.
http://www.giantbomb.com/news/namco-bandai-files-suit-against-the-witcher-2-developer-cd-projekt-red/3460/
http://www.arthursmbg.com/2011/07/namco-bandai-files-suit-against-cd.html
This next link puts more meat on the bones:
http://www.gamespot.com/xbox360/rpg/the-witcher-2-assassins-of-kings/news/6323025/witcher-2-studio-sued-by-namco-bandai
From the Gamespot coverage it appears to me that the real bone of contention by Namco with CDPR is the GOG version of the game, since Namco was under the assumption that it had 100% of the Witcher2 PC distribution rights in the EU. Namco seems to be saying that GOG usurped its distribution rights, and had no right to either sell the game in Europe or to consequently remove the DRM within the game. CDPR will be reluctant to say anything as to whether it is "winning" or "losing" because the case is currently in the courts and the company *can't* say anything about its progress. Based on the CDPR quote as related by arthursmbg.com above, I'd say CDPR has everything well in hand.
Non-legal people, when reporting on the status of a civil case, frequently misunderstand what is going on and are quick to jump to unwarranted conclusions. The fat lady, contrary to popular opinion, has yet to sing...
