Even as the Oculus Rift nears its launch, it seems some trouble is on the horizon for its founder Palmer Luckey- no, this doesn’t have to do with the Oculus Rift’s higher than expected price. Instead, it appears as though a lawsuit against him for an alleged breach of contract will be allowed to proceed, according to a ruling made today by a judge, Reuters reports.

The suit was initiated by Hawaii’s Total Recall Technologies, who insist that they signed a deal with Luckey in 2011, under which he would develop a virtual reality device for them. The suit alleges that Luckey went on to breach this contract and base his own wildly successful virtual reality device, Oculus Rift, on confidential information that he gained as a result of working with Total Recall.

This is probably the kind of thing that Luckey and Oculus are looking to avoid right now- and yet, if the suit holds merit, it may cast a pall over the development of the kick starter of the modern virtual reality revolution.