Fortnite Dispute Between Apple and Epic Games Won't Have Jury Trial

Apple and Epic Games do not want to have a jury trial in their ongoing legal dispute over Fortnite and Apple's App Store policies, according to a filing submitted to the Northern California court handling the case today.

fortnite apple featured
The two companies said they have met and have agreed that both Epic's claims and Apple's counterclaims should be tried by the court with a bench trial at a date to be determined.

Epic and Apple have met and conferred, and the parties agree that Epic's claims and Apple's counterclaims should be tried by the Court, and not by a jury. Therefore, with Epic's consent, Apple hereby withdraws its demand for a jury trial pursuant to Federal Rule of Civil Procedure 38(d). The parties respectfully request that the case (including any claims and counterclaims) proceed to a bench trial on a schedule determined by the Court.

In a counterclaim against ‌Epic Games‌, Apple had originally asked for a trial by jury, but given that the judge overseeing the court told the two companies that she does not want to try two separate cases, Apple has withdrawn the request.

There was a preliminary injunction hearing between ‌Epic Games‌ and Apple earlier this week, and during that hearing, the judge suggested that a jury trial might be appropriate to ensure a final judgement that's better able to stand up to appeal, but Apple and ‌Epic Games‌ have declined.

During the preliminary hearing, the judge was hard on ‌Epic Games‌, criticizing the company for the way that it initiated the lawsuit. ‌Epic Games‌ in August added a direct payment option in popular iOS game Fortnite, breaking Apple's ‌App Store‌ rules as the payment option skirted in-app purchases.

Apple then pulled the app from the App Store, and ‌Epic Games‌ filed a pre-prepared lawsuit against Apple, leading to a legal dispute that could take years to resolve. At the current time, Fortnite is not available on Apple devices and Epic's developer account has been terminated.

During Monday's hearing, the judge said that Epic was "not forthright" and had made a "calculated decision" to defy Apple's ‌App Store‌ rules. "There are people in the public who consider you guys heroes for what you did, but it's not honest," she said.

With Apple and Epic declining a jury trial, the case could be heard sometime in July 2021, with a specific date set to be determined by the court.

Popular Stories

iphone 16 pro ghost hand

5 Reasons to Skip This Year's iPhone 17 Pro

Thursday July 10, 2025 4:54 am PDT by
Apple will launch its new iPhone 17 series in two months, and the iPhone 17 Pro models are expected to get a new design for the rear casing and the camera area. But more significant changes to the lineup are not expected until next year, when the iPhone 18 models arrive. If you're thinking of trading in your iPhone for this year's latest, consider the following features rumored to be coming...
apple wallet drivers license feature iPhone 15 pro

Apple Says iPhone Driver's Licenses Will Expand to These 8 U.S. States

Tuesday July 8, 2025 11:26 am PDT by
In select U.S. states, residents can add their driver's license or state ID to the Wallet app on the iPhone and Apple Watch, providing a convenient and contactless way to display proof of identity or age at select airports and businesses, and in select apps. Unfortunately, this feature continues to roll out very slowly since it was announced in 2021, with only nine U.S. states, Puerto Rico,...
iPhone 17 Pro in Hand Feature Lowgo

iPhone 17 Pro to Reverse iPhone X Design Decision

Monday July 7, 2025 9:46 am PDT by
Since the iPhone X in 2017, all of Apple's highest-end iPhone models have featured either stainless steel or titanium frames, but it has now been rumored that this design decision will be coming to an end with the iPhone 17 Pro models later this year. In a post on Chinese social media platform Weibo today, the account Instant Digital said that the iPhone 17 Pro models will have an aluminum...
iPhone 17 Pro in Hand Feature Lowgo

Leaker Reveals Amount of RAM in iPhone 17 Through iPhone 17 Pro Max

Wednesday July 9, 2025 8:08 am PDT by
Three out of four iPhone 17 models will feature more RAM than the equivalent iPhone 16 models, according to a new leak that aligns with previous rumors. The all-new iPhone 17 Air, the iPhone 17 Pro, and the iPhone 17 Pro Max will each be equipped with 12GB of RAM, according to Fixed Focus Digital, an account with more than two million followers on Chinese social media platform Weibo. The...
macbook pro blue green

M5 MacBook Pro No Longer Coming in 2025

Thursday July 10, 2025 12:38 pm PDT by
Apple does not plan to refresh any Macs with updated M5 chips in 2025, according to Bloomberg's Mark Gurman. Updated MacBook Air and MacBook Pro models are now planned for the first half of 2026. Gurman previously said that Apple would debut the M5 MacBook Pro models in late 2025, but his newest report suggests that Apple is "considering" pushing them back to 2026. Apple is now said to be...
apple account card feature

Apple Account Card Expanding to More Countries

Tuesday July 8, 2025 7:34 pm PDT by
Apple is expanding the ability to add an Apple Account Card to the Wallet app to more countries, according to backend Apple Pay changes. With iOS 15.5, Apple updated the Wallet app to allow users to add an Apple Account Card, which displays the Apple credit balance associated with an Apple ID. If you receive an Apple gift card, for example, it is added to an Apple Account that is also...
iOS 26 Feature

Everything New in iOS 26 Beta 3

Monday July 7, 2025 1:20 pm PDT by
Apple is continuing to refine and update iOS 26, and beta three features smaller changes than we saw in beta 2, plus further tweaks to the Liquid Glass design. Apple is gearing up for the next phase of beta testing, and the company has promised that a public beta is set to come out in July. Transparency In some apps like Apple Music, Podcasts, and the App Store, Apple has toned down the...
iCloud General Feature Redux

iPhone Users Who Pay for iCloud Storage Receive These Five Perks

Wednesday July 9, 2025 9:20 am PDT by
If you pay for iCloud storage on your iPhone, did you know that Apple offers you five perks beyond the extra storage space, at no additional cost? Here are the perks included with all iCloud+ plans:Private Relay keeps your Safari browsing history entirely private from network providers, websites, and even Apple. Hide My Email generates unique, random email addresses whenever needed. Hom...
Foldable iPhone 2023 Feature 1

Foldable iPhone Display Production Begins Ahead of Launch Next Year

Wednesday July 9, 2025 10:59 pm PDT by
Production of foldable OLED displays for Apple's first foldable iPhone have begun ahead of its expected launch next year, Korea's ETNews reports. The first foldable iPhone's displays are being produced by Samsung Display, who are establishing a production line dedicated to the upcoming Apple device its A3 factory in Asan, Chungcheongnam-do. The production line will make displays exclusively...

Top Rated Comments

randyj Avatar
63 months ago
Epic dont know how good they had it.

I tried to sell clothing in a department store years ago. They wanted me to pay for floor space, put all my stuff their on consignment, and then they were going to mark up 100%.
So I had to cover the cost of making the goods, getting them to the store etc, and they made a massive 100% mark up, where I had to cover the cost of goods sold in my share.
And this was to get product in 1 store.

Epic can publish a game and get it in the hands of 1 billion people all over the world, all that distribution handled for them, selling across different currencies etc.

That would have been a dream for anyone only a few years ago.
I have zero sympathy for them.
Score: 58 Votes (Like | Disagree)
nezr Avatar
63 months ago
The Epic Games situation, as summarized by Steve Jobs 10 years ago.

Score: 29 Votes (Like | Disagree)
DoctorTech Avatar
63 months ago
I think this is a good move by both companies. It will be hard enough finding a judge who is competent to understand the issues involved but virtually impossible to find 12 jurors to understand the issues enough to give a proper verdict.
Score: 20 Votes (Like | Disagree)
FireFish Avatar
63 months ago
This is a case which in my opinion a jury would screw up the fair verdict. This is a contractual dispute at the core. It is much better to be decided by a legal mind rather than a jury of non-legal minds.
Score: 15 Votes (Like | Disagree)
michaelsviews Avatar
63 months ago

I think this is a good move by both companies. It will be hard enough finding a judge who is competent to understand the issues involved but virtually impossible to find 12 jurors to understand the issues enough to give a proper verdict.
Granted there's more to it than this, but in short Apples ball park Apples Rules, they obviously have a signed agreement from Epic, Epic BROKE rules Apple caught them gave them 2 weeks to fix, they didn't fix and Apple locked the switch in Off mode.
Score: 14 Votes (Like | Disagree)
Seoras Avatar
63 months ago
Can't wait for Apple's Marketing machine to turn this to their advantage with "Back to School - buy them a machine that doesn't allow Epic Games so they can't play Fortnite instead of studying"
Score: 9 Votes (Like | Disagree)