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ZeniMax claiming Palmer is not even capable of creating the DK1 and stole the tec?

zork2001
Heroic Explorer
They also mentioned no one knows what Palmer's Job title is at Oculus, which is something I was wondering.

http://uploadvr.com/palmer-luckey-takes-stand-zenimax-court-case/

94 REPLIES 94

kevinw729
Honored Visionary
You need to be aware of 'invested legal support' - some investment houses would look at supporting a smaller complainant against a bigger foe if they are seen to be in a strong position to win a settlement. This would be best illustrated by the final outcome of the Atari Vs. Nintendo legal battle over Tetris (BulletProof and others receiving funding to stay the course and win a settlement).
https://vrawards.aixr.org/ "The Out-of-Home Immersive Entertainment Frontier: Expanding Interactive Boundaries in Leisure Facilities" https://www.amazon.co.uk/Out-Home-Immersive-Entertainment-Frontier/dp/1472426959

Warbloke
Superstar

I seem to remember when large companies/ manufacturers get in to a patent war.. and then a court rules in favour of one of them... they just 'appeal the decision' and then another maybe higher court will decide at some much later date.

After this Zinimax Vs Oculus thing gets decided... can they just appeal to a high court or will it actually apply ?


"You can't believe everything you read on the Internet " :- Abraham Lincoln 

kevinw729
Honored Visionary

Warbloke said:

...After this Zinimax Vs Oculus thing gets decided... can they just appeal to a high court or will it actually apply ?

You hit the nail on the head @Warbloke - the situation is that whatever the outcome (barring a humiliating defeat for ZeniMax), if there is a glimmer of recognition of their claims of damage, the parties will draw this out into a retrial and then Federal Court ruling. This could take at least seven years and would also see counter claims added to the deposition.

From the OVR executive perspective, this is a nightmare that looks to grow in magnitude as more and more claims are added to the original ruling. In recognising some fault in their statements the situation has changed from defending a frivolous money-grab to defending their reputation and retain ownership. If the ruling from the jury is as has been suggested, their decision to ignore an Out-of-Court settlement will be seen as the pinnacle of an overall failed strategy.

As was stated back in 2014 - the only winners will be the lawyers, and there is a danger that all the vast wealth accumulated by certain execs may be extinguished in fighting these legal battles over the next few years! (Remembering that there are two other filed suits in the wings).
https://vrawards.aixr.org/ "The Out-of-Home Immersive Entertainment Frontier: Expanding Interactive Boundaries in Leisure Facilities" https://www.amazon.co.uk/Out-Home-Immersive-Entertainment-Frontier/dp/1472426959

Zenbane
MVP
MVP

KillCard said:


snowdog said:

Actually, assuming that the jury don't see sense and tell Zenimax to fuck right off, a 7 year trial would work in Oculus/Facebook's favour. There's no way that Zenimax have the funds available to continue this trial for more than a few years.


I was thinking this.. I don't think Zuckerberg would back down and FB would be able to crush Zenimax in a battle of longevity and walk away unscathed even if they eventually lost the case in the end. It all comes down to who has the most resources and FB has the edge in that department. If Zenimax goes long, they actually risk making a huge loss, and they would just be stupid to persist.


A Facebook headlock performed on ZeniMax would be fun to see.

kevinw729
Honored Visionary
Now that it has been seen that OVR in the early days of its creation broke a NDA, I wonder if we will see a number of other companies attempt to get their day in court - targeting the individuals rather than the company?
https://vrawards.aixr.org/ "The Out-of-Home Immersive Entertainment Frontier: Expanding Interactive Boundaries in Leisure Facilities" https://www.amazon.co.uk/Out-Home-Immersive-Entertainment-Frontier/dp/1472426959