Earlier this year, Zenimax was awarded $500 million by the jury in its lawsuit against Oculus. But while there, he started work on a prototype of a VR headset and developed code that he took with him when he left to join what was then a start-up: Oculus.
Oculus was found guilty of copyright infringement, breaking a non-disclosure agreement and misuse of trademarks. Facebook was not found as a directly liable party, but it will likely be paying a considerable amount as it owns Oculus. And the company is pushing for an injunction against the Rift. We also reached out to Samsung, and a company spokesperson said that "We do not comment on pending litigation".
The complaint repeatedly cites the lawsuit and its victory, and even references the press coverage it received as a result of winning the case, in order to argue that Samsung "knows, or reasonably should know, that the Samsung Gear VR is based upon ZeniMax's intellectual property". Other allegations include unfair competition, trade secret misappropriation, and unjust enrichment.
The basic argument, however, is that Samsung should have known about the lawsuit since it was filed before initial development on the Gear VR began.
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ZeniMax is claiming that it owns the technology that the Gear VR is built on, thus it's IP rights are being infringed upon so is seeking punitive damages, a cut of profits earned from the sale of the Gear VR, injunctive relief and costs. Samsung worked with Oculus on Gear VR, and the suit claims that Samsung profited from Oculus technology, which it claims should be sourced to ZeniMax. He was a cofounder of id Software and worked at Zenimax after it was purchased until his contact expired. Carmack led the company's research efforts, and he has been accused of repeatedly sharing information with Luckey before joining Oculus in 2013.
Carmack was also heavily involved with the last lawsuit that ZenIMax won, since he was accused of taking code and a tool used for developing virtual reality.
According to the lawsuit, Samsung would have been aware of the ongoing legal battle against Oculus and therefore it would have been aware of the origins of the technology used in its Gear VR.