With Apple and Epic decreasing a jury trial, the case might be heard at some point in July 2021, with a particular date set to be determined by the court.
During the initial hearing, the judge was tough on Epic Games, criticizing the company for the manner in which it initiated the lawsuit. Legendary Games in August included a direct payment option in popular iOS video game Fortnite, breaking Apples App Store guidelines as the payment alternative skirted in-app purchases.
Impressive and Apple have fulfilled and provided, and the parties concur that Epics claims and Apples counterclaims need to be tried by the Court, and not by a jury. With Epics consent, Apple thus withdraws its need for a jury trial pursuant to Federal Rule of Civil Procedure 38(d). The parties respectfully ask for that the case (consisting of any claims and counterclaims) continue to a bench trial on a schedule determined by the Court.
Throughout Mondays hearing, the judge said that Epic was “not forthright” and had actually made a “calculated choice” to defy Apples App Store guidelines. “There are individuals in the general public who consider you guys heroes for what you did, but its not sincere,” she stated.
The 2 companies said they have actually fulfilled and have concurred that both Epics claims and Apples counterclaims should be tried by the court with a bench trial at a date to be determined.
In a counterclaim against Epic Games, Apple had actually originally asked for a trial by jury, however provided that the judge supervising the court informed the 2 business that she does not wish to try 2 different cases, Apple has actually withdrawn the demand.
There was a preliminary injunction hearing in between Epic Games and Apple earlier this week, and during that hearing, the judge recommended that a jury trial may be appropriate to make sure a last judgement thats better able to stand up to appeal, but Apple and Epic Games have declined.
Apple and Legendary Games do not want to have a jury trial in their ongoing legal disagreement over Fortnite and Apples App Store policies, according to a filing submitted to the Northern California court dealing with the case today.
Apple then pulled the app from the App Store, and Epic Games submitted a pre-prepared claim versus Apple, leading to a legal dispute that could take years to resolve. At the present time, Fortnite is not available on Apple gadgets and Epics developer account has been terminated.
