Arkaea/Fear Factory members Christian Olde Wolbers (guitar) and Raymond Herrera (drums) were the featured guests on the June 14, 2009 edition of the US nationally syndicated radio program 'Speed Freaks'.

When asked if Fear Factory was "done," Raymond replied, "We're [Christian and I] actually still in Fear Factory. There's a big legal battle going on right now. Essentially, what's happened is Dino [Cazares, former Fear Factory guitarist] and Burt [C. Bell, Fear Factory singer] have become friends again and they decided to start a new band, and furthermore, they decided to call it Fear Factory.

"They never communicated with us about it, and they're acting like there was never any contract, but there's four members that are Fear Factory Incorporated — which is the four of us — so it's almost like them two against us two, so it's kind of a stalemate. Moving forward, I don't know what's gonna happen with the trademark, so to speak. It's kind of a weird situation, but it's not a situation that we created that was weird." 

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Last April, Metal Hammer revealed that Burton C Bell and Dino Cazares, who put the band on hold after their seventh album, 2005's 'Transgression', had known for some time their new project would be the return of their classic band, along with Fear Factory's last bassist Byron Stroud and drummer Gene Hoglan of Testament fame.

Vocalist Bell says: "We were friends before we were in a band together and after a while we forgot what it was all about.

The metal act say they've learned lessons from working with other musicians and want to experiment with a "different flavour" of Fear Factory. Bell says: "Wherever me and Dino go it'll be Fear Factory, I believe."