Only 55,000 units expected to be sold in April - outsold by the Wii.
Motiva filed suit back in 2008 relating to the tracking of player movement and position.
The Walking Dead retail release is new at No.9.
Activision Blizzard announced better than expected financial results for the first quarter of 2013.
Also admits to stupidly buying Aliens: Colonial Marines.
Soul Sacrifice is the week's only new entry at No.26.
Full year profits of £46.7 million, but this is half its estimate.