ZeniMax is suing Samsung for its use of technology that ZeniMax asserts ownership of in production of the Gear VR. They are seeking damages and an injunction to prevent Gear VR continuing to be sold.
This latest action was filed on 12th May, three months after Oculus was found not guilty of misappropriating trade secrets, but still ordered to pay ZeniMax half-a-billion dollars.
The following month, Oculus CTO John Carmack returned the favour by suing ZeniMax for $22.5 million in alleged unpaid earnings. Now, ZeniMax – including id Software - has landed the latest blow by bringing a new complaint to court, this time against Samsung.
What’s It All About?
The case is based upon similar issues to the original case, but this time the accusation is that Samsung should have known, “That Oculus acquired its VR technology through this breach of the NDA and in violation of ZeniMax’s intellectual property rights.”
The complaint further argues that even if Samsung had not been aware of the issue at the time of the deal, they would have been aware of the high profile legal proceedings against Oculus earlier this year but, “Samsung has used, and continues to utilize, ZeniMax’s VR technology… in its Samsung Gear VR which continues to be “powered by Oculus.””
The complaint specifies six counts:
- Copyright Infringement
- Texas State Trade Secret Misappropriation
- Federal Trade Secret Misappropriation
- Unfair Competition
- Unjust Enrichment
- Tortious Interference with Contract
ZeniMax has asked for a judgement against Samsung for:
- Actual damages
- Statutory damages
- Direct profits of Defendants from sales of infringing works
- Indirect profits of Defendants resulting from the infringing works
- Profits made by Defendants through the use of the trade secrets
- A reasonable royalty
- Injunctive relief
- Punitive and exemplary damages
- Enhanced damages
- Prejudgment and post-judgment interest
- Court costs
- Attorney fees
- All other relief to which ZeniMax is entitled
The full complaint has been uploaded to Scribd by Brian Crecente.