Activision has taken the unusual step of paying the Infinity Ward Employee Group USD $42 million (NZD $54.6 million) before their case has even gone to trial.

However, former Infinity Ward co-heads Jason West and Vince Zampella were still pursuing what they claim were unpaid bonuses and royalties from their work on the mega-selling Call of Duty: Modern Warfare 2.

Infinity Ward Employee Group attorney Bruce Isaacs called the payment a "cynical attempt to look good before the jury trial."

"I can also tell you that although it is a meaningful payment, it is only a small portion of what we are seeking in litigation. It is outrageous that they made us wait, they obviously knew they owed the money and this just shows that they breached the contract."

The payment came after Activision reviewed case evidence during the pre-trial discovery phase.

The company decided that the Infinity Ward Employee Group was not complicit in the secret talks that they alleged Infinity Ward co-founders Jason West and Vince Zampella were holding with Electronic Arts.

Since this payment was not related to a settlement, the IWEG could still pursue the remainder of the money it claims it's entitled to.

The group is still planning to pursue the suit against Activision, said Isaacs.

"They are just as interested as they were beforehand," he said.

"We are seeking all kinds of bonuses per the contract. This payment relates to one particular game and one particular time period and one particular bonus."

Estimates of the amount West and Zampella are seeking from Activision exceed USD $500 million (NZD $650 million).