Court filings made by Call of Duty publisher Activision and obtained by Joystiq outline the company’s countersuit against former Modern Warfare 2 developers Jason West and Vince Zampella, and rival publisher Electronic Arts.

Specifically, Activision claims that EA contacted West and Zampella asking them to delay the release of Modern Warfare 2’s “Stimulus Pack” downloadable content in order to protect the release of its “weaker” game, Battlefield: Bad Company 2.

“Activision is informed and believes that to protect its weaker BFBC series, EA secretly schemed with West and Zampella to bolster sales of BFBC at the expense of Call of Duty,” reads the countersuit.

“Electronic Arts secretly conspired with Infinity Ward employees to affect the timing of the releae of Electronic Arts and Activision products to the benefit of Electronic Arts and detriment of Activision. Activision's belief is based on an internal EA email bragging about how Electronic Arts asked Zampella to hold back the release of an Infinity Ward product until after Electronic Arts launched its game, and how Zampella ‘was cool with that.’”

As evidence, Activision points to an email penned by EA's Senior Director of Global Marketing, Lincoln Hershberger, entitled “RE: The Fall of IW?”:

“A couple months ago, I asked Vince [Zampella] to hold back their map pack until after we launched (he owes me one). Given that they've already made a billion, he was cool with that, obviously [Activision CEO Bobby] Kotick took it as being belligerent.”

EA claims the email was a joke.

Joystiq has transcribed the relevant passages from the countersuit outlining the alleged secret negotiations between Zampella, West and Electronic Arts as Activision understands it.

38: "On August 5, 2009, EA personnel circulated within EA a list of Infinity Ward prospects, including Jason West and dozens of other Infinity Ward employees, for an internal discussion 'on recruiting from Activision (Infinity Ward).'"

41: "the day after he met with Riccitiello"

43: "The follow-up emails between Schappert and Riccitiello were clear that this was more than a social call -- Schappert and Riccitiello were planning to use all of the 'Angles' on West and Zampella and to 'close' a deal."

46: "who was involved in the secret negotiations"

47: "In the second week of November 2009, an EA executive informed Brown that he was meeting 'to discuss deal structures' and would 'get with' Brown later in the week. That same week, Blackley advised Riccitiello: "'We need to talk about our two friends down here -- all is good but its time for a more aggressive approach."

48: "Indeed, they reached the point where not only were specific terms of a deal between West and Zampella and Electronic Aets negotiated, but by the end of November 2010, Electronic Arts had a term sheet prepared for a deal with West and Zampella to set up their own company."

"The specific offer and term sheet was approved by Electronic Arts's executives, and communicated to West and Zampella at the beginning of January 2010."

"Four days after sending the term sheet, a senior Electronic Arts executive told Riccitiello that it was time to 'dial up our efforts on the 'project',' referring to the plot to set up West and Zampella in a competing business aligned with Electronic Arts."

49: "Not only did Electronic Arts make a lucrative offer to key Activision executives under long-term exclusive contracts with Activision ..."

53: "armed with the secret Electronic Arts offer and as part of their plan to steal Infinity Ward for their own personal benefit"

60: "since they knew there was an even more lucrative deal waiting for them from Electronic Arts."

62: "Electronic Arts secretly conspired with Infinity Ward employees to affect the timing of the releae of Electronic Arts and Activision products to the benefit of Electronic Arts and detriment of Activision. Activision's belief is based on an internal EA email bragging about how Electronic Arts asked Zampella to hold back the release of an Infinity Ward product until after Electronic Arts launched its game, and how Zampella 'was cool with that.'"

Activision seeks $400 million for "actual and punitive" damages.