I would assume CIG is going to try to make the case that they are using Lumberyard now, which has no fees - even though it is probably demonstrable that they sort of aren’t. But if that’s the case it likely makes it even messier to untangle.
[edit] - after scanning the filing it appears that Crytek is specifically calling that out as their means of avoiding fees, and that this somehow breaches an existing contract? I don’t have time to dig too deep right now.