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ZeniMax eyes Samsung after Oculus court win
by Dale Walker | May 18, 2017 | Comment Now
ZeniMax are now suing Samsung for using Oculus code in its Gear VR.
ZeniMax eyes Samsung after Oculus court win

ZeniMax, the game publisher that successfully sued Facebook Oculus for $500 million, has now turned its sights on Samsung's Gear VR.

The move is unsurprising, given that Samsung's virtual reality headset was built using Oculus software - it now appears that ZeniMax has come to collect.

The filing below, made to a court in Texas last Friday and initially reported by Polygon, is an extension of the original lawsuit against Oculus and repeatedly cites that initial victory, in which "the resulting verdict established that the Oculus VR software is tainted by Oculus's violations".

It also argues that "Samsung knows, or reasonably should know, that the Samsung Gear VR is based upon ZeniMax's intellectual property", and that as a result is in breach of those same non-disclosure agreements.

Given that there was no indication of any wrong doing at the time of development, it stands to reason that Samsung did not obtain any licensing agreements from ZeniMax, however the filing argues that the "ongoing use of ZeniMax's intellectual property amounts to a knowing and continuing misappropriation".

ZeniMax is now seeking damages, as well as lost profits from the sale of Gear VR units and cover for lawyer and court fees.

In the initial case against Oculus, a jury determined that Oculus used ZeniMax codes to launch the Rift VR headset, obtained by former ZeniMax employee and Oculus CTO John Carmack. As a result the company was forced to pay $500 million of the original $2 billion demanded by ZeniMax.

Carmack is currently counter-suing over the sale of his company id Software to ZeniMax in 2009, in which claims that he is still owed $22.5 million.

Zenimax v Samsung by Brian Crecente on Scribd



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