Zenimax claims that the Gear VR headset is built on Zenimax technology, and therefore infringes on its IP rights. Before that, Facebook was ordered to pay United States dollars 500 million after losing an intellectual property lawsuit to ZeniMax over its CR headset, the Oculus Rift. The accusations here are that Samsung is guilty of violating ZeniMax's copyright for using its code in the Gear VR, along with trade secret misappropriation, unfair competition, and unjust enrichment. Obviously the subpoenas gathered in something interesting in ZeniMax is willing to go to court again.
"The heart of this case was about whether Oculus stole ZeniMax's trade secrets, and the jury found decisively in our favor", an Oculus spokesperson told Polygon at the time of the original ruling. An adverse decision could not only mean millions in damages, but an injunction to halt any more sales of Gear VR until the offending code is removed.
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Having successfully secured a $500 million payout from Oculus earlier this year, Zenimax is now turning its attention to other companies involved with Oculus.
The ZeniMax suit claims that Carmack gained his expertise as part of a ZeniMax team and used it to good effect at Oculus.
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The suit alleges that Oculus CTO John Carmack came up with the idea that led to the creation of Gear VR while working at id Software. The by-product of this partnership was the Samsung Gear VR, which displays the "Powered by Oculus" phrase, and includes some exclusive Oculus features.
The suit alleges Samsung has profited from intellectual property first developed at ZeniMax. Despite losing the case, Carmack still insists he's innocent of the accusations - and he will no doubt try to have a similar defense with this pending lawsuit.
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Samsung stands to realize substantial value as a result of its use of ZeniMax's misappropriated intellectual property and information obtained by Samsung from Oculus, Luckey, and Carmack in violation of the NDA and Carmack's employment agreement. The lawsuit seems to be an extension of the previous legal battle with Oculus and Palmer Luckey that ended a few months back.