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that the judge overseeing the court told the two companies that she does not want to try two separate cases, Apple has withdrawn the request.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.

Top Rated Comments

randyj Avatar
17 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
17 months ago
The Epic Games situation, as summarized by Steve Jobs 10 years ago.

Score: 29 Votes (Like | Disagree)
DoctorTech Avatar
17 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
17 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
17 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
17 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)

Related Stories

fortnite apple featured

Epic Games Denied Preliminary Injunction for Fortnite, But Apple Can't Block Unreal Engine

Friday October 9, 2020 3:40 pm PDT by
A California judge today denied Epic Games' request for a preliminary injunction that would have required Apple to allow Fortnite back into the App Store, which means the app will continue to remain unavailable on Apple's iOS platform for the duration of the legal battle between the two companies. While the Fortnite app for iOS devices will not be reinstated into the App Store, Epic did...
fortnite apple featured

Epic Games v. Apple Trial Wraps Up, But We Likely Won't Know the Outcome for Months

Monday May 24, 2021 4:58 pm PDT by
The three week Epic Games v. Apple trial wrapped up today, with a series of debates that were held in lieu of traditional closing arguments. The wrap up follows Apple CEO Tim Cook's testimony last week, which saw him grilled by Judge Yvonne Gonzalez Rogers on Apple's App Store policies. As outlined by Protocol, at the conclusion of the trial, Rogers aimed to get at the heart of the dispute...
fortnite apple featured

Epic's Case Against Apple in Australia Might Be Over

Friday April 9, 2021 12:21 pm PDT by
Epic Games and Apple are involved in a highly public lawsuit in the United States, but Epic has also sued Apple in other countries, including Australia, in an attempt to boost its chances of getting a favorable ruling. Things aren't quite going Epic's way, however, as the justice overseeing the case today decided that he's going to let the two companies battle it out in the United States. ...
fortnite apple logo 2

Epic Games Unlikely to Win Injunction in Ongoing Fortnite Battle With Apple, Jury Trial Possible

Monday September 28, 2020 1:14 pm PDT by
The ongoing legal dispute between Apple and Epic Games continued on today, with a preliminary injunction hearing taking place this morning. We're still waiting to hear the judge's official ruling, but it looks like Epic is not going to be granted an injunction to allow Fortnite back into the App Store as the case unfolds. Many of the arguments that lawyers for Apple and Epic Games made were...
fortnite apple logo 2

Judge in Apple v. Epic Games Case Wants In-Person Trial Starting on May 3

Monday March 1, 2021 10:11 am PST by
Lawyers for Epic Games and Apple today participated in a management conference with Judge Yvonne Gonzalez to hammer out the details of an upcoming bench trial, which is now confirmed to take place on May 3. Judge Gonzalez is planning to hold an in-person trial that will require all witnesses to travel to Northern California to answer questions before the court and the judge. She believes...
fortnite apple logo 2

Epic Games' App Store Legal Challenge 'Self-Serving,' Apple Tells Australian Court

Tuesday March 23, 2021 2:37 am PDT by
Apple has told an Australian court that Epic Games' legal challenge against the App Store is "self-serving," and that all the software company aims to do is "redefine the terms of access" that it's always been subject to on Apple's platforms. As reported by The Guardian, Apple and Epic Games on Tuesday went head-to-head in a federal court in Sydney, Australia, following Epic's decision to...
fortnite apple logo 2

Apple's Filings in Epic Games Case Argue It Has Reduced Industry Commissions, While Third-Party App Stores Would Compromise Privacy and Security

Tuesday April 13, 2021 2:02 pm PDT by
Prior to its upcoming bench trial with Epic Games, Apple filed hundreds of pages of documents covering findings of fact, which include some interesting and previously unknown tidbits about Epic Games. Epic Games planned its rebellion against Apple for at least two years ahead of when it opted to brazenly violate Apple's App Store rules, with Apple's App Store fees at the heart of the...
fortnite apple featured

Epic Games Asks Court to Allow Fortnite Back on the App Store

Saturday September 5, 2020 2:41 pm PDT by
Just a week after Apple terminated Epic Games' developer account, Epic has filed for a preliminary injunction that would both allow Fortnite back on the App Store and restore access to its developer account. In the filing, Epic Games says it was willing to challenge Apple "because it was the right thing to do" and "it was better positioned than many other companies to weather the storm."...

Popular Stories

Upcoming Products 2022 Feature

Gurman: Apple Preparing 'Widest Array of New Hardware Products in Its History' for Fall

Sunday January 23, 2022 10:32 am PST by
Apple is working on a number of new products that are set to launch this fall, and Bloomberg's Mark Gurman says that it will be "the widest array" of new devices that Apple has introduced in its history. In his latest "Power On" newsletter, Gurman explains that Apple is working on four new flagship iPhones (iPhone 14, iPhone 14 Max, iPhone 14 Pro, and iPhone 14 Pro Max), an updated low-end Ma...
Questionable Design Decisions

Apple's Most Questionable Design Decisions in Recent Memory

Sunday January 23, 2022 2:59 am PST by
Apple has always emphasized the depth of thought that goes into the design of its products. In the foreword to Designed by Apple in California, a photo book released by the company in 2016, Jony Ive explains how Apple strives "to define objects that appear effortless" and "so simple, coherent and inevitable that there could be no rational alternative." But every once in a while even Apple...
macbook pro 14 16 2021

Three Months After Launch, Apple Still Struggling to Meet Demand for Redesigned 14-Inch and 16-Inch MacBook Pro

Monday January 24, 2022 7:12 am PST by
Three months after their launch, the 14-inch and 16-inch MacBook Pros continue to experience high demand and seemingly short supply, with shipping dates for both models stretching into multiple weeks in several of Apple's key markets. In the United States, the baseline 14-inch MacBook Pro with the M1 Pro chip is estimated to ship in three to four weeks, promising an arrival by at least...
att gigabit internet

AT&T Bringing $180/Month 5-Gigabit Internet to 70 Cities

Monday January 24, 2022 9:20 am PST by
AT&T today announced the launch of upgraded AT&T Fiber plans, which support speeds of up to 5 Gigabits for some customers. There are two separate plans, one "2 GIG" plan and one "5 GIG" plan, available to new and existing AT&T Fiber subscribers. According to AT&T, the new plans are available to nearly 5.2 million customers across 70 metro areas including Los Angeles, Atlanta, Chicago, San...
airpodsinear 1

AirPods Save Woman's Life With Feature Everyone Should Know

Friday January 21, 2022 2:13 am PST by
Apple's AirPods have been credited with saving a woman's life after a potentially fatal fall, People reports. When a 60-year-old florist in New Jersey tripped and hit her head in her studio, she lost consciousness and awoke heavily bleeding. With nobody around to call for help, she realized she had her AirPods in, and used a "Hey Siri" command to call 911. An operator was able to stay on the ...
AirPods Pro Gen 3 Mock Feature ugly yellow

AirPods Pro 2 Could Beat AirPods Max Sound Quality

Monday January 24, 2022 2:15 am PST by
Apple's second-generation AirPods Pro could deliver higher fidelity audio than the AirPods Max over-ear headphones, despite being comparatively small in-ear buds, recent reports have suggested. In a recent note to investors, seen by MacRumors, TF International Securities analyst Ming-Chi Kuo claimed that the second-generation AirPods Pro will offer improved audio quality thanks to support...
iCloud General Feature

Developers Unhappy With Bug Causing iCloud Unreliability

Monday January 24, 2022 10:15 am PST by
A number of developers are upset with an increasingly problematic iCloud server issue that is causing some apps that have implemented iCloud support to fail to sync properly. As outlined on the Developer Forums and on Twitter, there are CloudKit connectivity issues that have been occurring since November. Some users of apps that have iCloud support built in are seeing the following message:...
top stories 2022jan22

Top Stories: Spring Apple Event Rumors, Apple Opposes Sideloading, and More

Saturday January 22, 2022 6:00 am PST by
As we roll into the latter half of January, we're starting to hear more about a potential spring Apple event, which is likely to take place in March or April. There are a number of potential announcements on deck, so an event would be a good opportunity for Apple to get them all out there. We've also been going back and forth on some iPhone 14 rumors, and we've taken a look at a number of...