 Fox alleged that it contacted Warner Bros. before production began in 2005 , and told the studio that it had violated Fox 's 1991 and 1994 deals with Gordon . Warner Bros. claimed that it was originally unaware of either deal , and that in 2005 Fox had declined to produce the Hayter screenplay that formed the basis of the production . Warner Bros. also claimed that the 1994 deal did not cover distribution rights and had conferred upon Gordon all the rights he needed to take the film to Warner Bros. The studio 's motion to dismiss the case in August 2008 was rejected by the judge . 
