Aw, Man. I hope they can over come this hurdle. I mean, Fox really don't care if you make unlicenced stuff - just be careful how you sell it. Look at how many unofficial T-shirts, resin casts and other items are for sale. Such unauthorised manufacturers are more likely to be chased by organisations that are already (ALIEN) licence holders making a similar product rather than Fox themselves.
It's too bad for these guys that opposition to their board game came from 'behind' so to speak. From what I can see of their efforts, it's all been legal and within copyright law boundaries without the need to approach Fox at all. Copyright law doesn't just exist to protect owners; it also has provision for third party authors and artists to release product/content under strict guidelines.
Sorry to see these guys get choked like this. Obviously, this 3rd party has determined the game is going to be a success and wants a piece of the pie. If it's legitimately his - and it's not my judgment call to determine that - then maybe he's entitled to it.
I'm looking forward to an eventual resolution between the 2 parties and the game seeing release. Please make this happen, Guys!