ZeniMax seems to come into this new case at something of an advantage, since a court has already found that Oculus and its executives violated an NDA in using information from Carmack before hiring him. Three years after the acquisition, ZeniMax says it provided Palmer Luckey and his company Oculus VR with access to its VR-related IP under the protection of a binding non-disclosure agreement (NDA). This time around, Zenimax is suing Samsung over the Gear VR headset, due to the fact that it uses Oculus software. The suit filing further says that Carmack had allowed Mat Hooper into the id offices without permission after Hooper was sacked from his position as creative director.
While the previous judgement against Oculus is likely to work in ZeniMax's favour, it's worth pointing out that the jury didn't find Oculus guilty of misappropriating trade secrets.
In the wake of the $500 million award to ZeniMax from the Facebook case, Carmack launched a lawsuit of his own against ZeniMax, seeking $22.5 million.
Samsung might have released the Gear, but it is described as being powered by Oculus in all the marketing bumph, Carmack was supposed to have made heavy software optimisations.
The full text of the filing can be found on Polygon.
The suit alleges Samsung has profited from intellectual property first developed at ZeniMax.
This new lawsuit claims that Samsung profitied from the misapropriated technology and that a former Oculus employee, Matt Hooper, was snuck in to the iD Software office by then employee John Carmack for a secret meeting. "Carmack confirmed this in later sworn testimony, when he admitted that he merely "reimplemented" the same copyrighted code he had created while an employee of ZeniMax when he created the Oculus VR software used in the Samsung Gear VR".
According to a report on The Verge, Zenimax's suit alleges that Samsung knowingly profited from the same technology used in the Rift that was misappropriated. Zenimax said that Carmack failed to disclose Hooper's presence, and that it only learned of the late night visit through reviewing security camera footage.