Federal Judge Tosses Apple's Theft Claims in Ongoing Epic Games Legal Fight

A California federal judge on Tuesday dismissed some of Apple's counterclaims against Epic Games in its ongoing antitrust battle over Apple's App Store fees (via Bloomberg).

fortnite apple logo 2
Apple and Epic have been in a legal fight since August, when Apple removed Fortnite from the ‌App Store‌ after ‌Epic Games‌ introduced a direct payment option in the app, defying the ‌App Store‌ rules. ‌Epic Games‌ promptly filed a lawsuit against Apple, accusing the company of anti-competitive actions.

In September, Apple filed a counter suit to stop the game maker from using its own payment system for Fortnite. Apple also accused Epic of theft and sought extra monetary damages beyond breach of contract.

In October, Epic filed a motion ahead of Tuesday's hearing seeking the dismissal of Apple's counterclaims of intentional interference with prospective economic advantage and conversion, along with its punitive damages bid.

On Tuesday, U.S. District Judge Yvonne Gonzalez Rogers granted ‌Epic Games‌' motion for judgement, throwing out Apple's two claims for lost ‌App Store‌ fees and other monetary damages.

"This is a high-stakes breach of contract case and an antitrust case and that's all in my view," Gonzalez told Apple's lawyers, according to Bloomberg. "You can't just say it's independently wrongful. You actually have to have facts," the judge said, adding that the rest of the breach-of-contract case moves forward.

Apple told Bloomberg that it disagreed with the judge's decision, adding that it was clear that Epic breached its contract with the company. Epic in October had a preliminary injunction dismissed by the same judge, meaning Fortnite will remain unavailable on the ‌App Store‌ for the duration of the lawsuit, assuming that the app remains in violation of the ‌App Store‌ Review Guidelines. The case continues.

Popular Stories

m1 chip slide

Five Years of Apple Silicon: M1 to M5 Performance Comparison

Monday November 10, 2025 1:08 pm PST by
Today marks the fifth anniversary of the Apple silicon chip that replaced Intel chips in Apple's Mac lineup. The first Apple silicon chip, the M1, was unveiled on November 10, 2020. The M1 debuted in the MacBook Air, Mac mini, and 13-inch MacBook Pro. The M1 chip was impressive when it launched, featuring the "world's fastest CPU core" and industry-leading performance per watt, and it's only ...
All Screen iPhone 2027 Feature 1

Apple to Hide Selfie Camera Under Display of 20th Anniversary iPhone

Monday November 10, 2025 1:55 am PST by
Apple will conceal the front-facing camera under the screen of its 2027 iPhone, a Chinese leaker said today, corroborating reports that Apple's 20th anniversary iPhone will have no visible cutouts in the display. Weibo-based account Digital Chat Station said Apple's development of under-screen camera technology was progressing as planned for adoption in 2027, one year after it will...
iphone air thinness

iPhone Air Sales Are So Bad That Apple's Delaying the Next-Generation Version

Monday November 10, 2025 11:41 am PST by
The thin, light iPhone Air sold so poorly that Apple has decided to delay the launch of the next-generation iPhone Air that was scheduled to come out alongside the iPhone 18 Pro, reports The Information. Apple initially planned to release a new iPhone Air in fall 2026, but now that's not going to happen. Since the iPhone Air launched in September, there have been reports of poor sales...
iphone pocket%402x

Apple Debuts iPhone Pocket, a Limited Edition iPod Sock-Style Accessory

Tuesday November 11, 2025 1:23 am PST by
Apple has teamed up with Japanese fashion house ISSEY MIYAKE to launch iPhone Pocket, a 3D-knitted limited edition accessory designed to carry an iPhone, AirPods, and other everyday items. The accessory is like a stretchy pocket, not unlike an iPod Sock, but elongated to form a strap made of a ribbed, elastic textile that fully encloses an iPhone yet allows you to glimpse the display...
Early Black Friday Deals 1

The Best Early Black Friday Apple Deals on AirPods, Apple Watch, iPad, and More

Saturday November 8, 2025 6:16 am PST by
We're officially in the month of Black Friday, which will take place on Friday, November 28 in 2025. As always, this will be the best time of the year to shop for great deals, including popular Apple products like AirPods, iPad, Apple Watch, and more. In this article, the majority of the discounts will be found on Amazon. Note: MacRumors is an affiliate partner with some of these vendors. When ...
iOS 26

iOS 26.2 Available Next Month With These 8 New Features

Tuesday November 11, 2025 9:48 am PST by
Apple released the first iOS 26.2 beta last week. The upcoming update includes a handful of new features and changes on the iPhone, including a new Liquid Glass slider for the Lock Screen's clock, offline lyrics in Apple Music, and more. In a recent press release, Apple confirmed that iOS 26.2 will be released to all users in December, but it did not provide a specific release date....
Apple fitness plus feature

Future of Apple Fitness+ 'Under Review'

Sunday November 9, 2025 5:30 am PST by
The future of Apple Fitness+ is "under review" amid a reorganization of the service, according to Bloomberg's Mark Gurman. In the latest edition of his "Power On" newsletter, Gurman said that Apple Fitness+ remains one of the company's "weakest digital offerings." The service apparently suffers from high churn and little revenue. Nevertheless, Fitness+ has a small, loyal fanbase that...
homepod mini colors

New HomePod Mini Coming Soon With These Features

Tuesday November 11, 2025 7:30 am PST by
Apple is expected to announce a new HomePod mini imminently, headlining with new chips. Here are all of the new features we're expecting. The second-generation HomePod mini is highly likely to contain a more up-to-date chip for more advanced computational audio and improved responsiveness. The current HomePod mini is equipped with the Apple Watch Series 5's S5 chip from 2019. Apple is likely ...
2024 iPhone Boxes Feature

Apple Adjusts Trade-In Values for iPhones, iPads, Macs, and More

Thursday November 6, 2025 11:12 am PST by
Apple today updated its trade-in values for select iPhone, iPad, Mac, and Apple Watch models. Trade-ins can be completed on Apple's website, or at an Apple Store. The charts below provide an overview of Apple's current and previous trade-in values in the U.S., according to its website. Maximum values for most devices either decreased or saw no change, but the iPad Air received a slight bump. ...
iphone black friday gold

The Best Early Black Friday iPhone Deals

Monday November 10, 2025 10:18 am PST by
Cellular carriers have always offered big savings on the newest iPhone models during the holidays, and Black Friday 2025 sales have kicked off at AT&T, Verizon, T-Mobile, and more. Right now we're tracking notable offers on the iPhone 17, iPhone 17 Pro, iPhone 17 Pro Max, and iPhone Air. For even more savings, keep an eye on older models during the holiday shopping season. Note: MacRumors is...

Top Rated Comments

Brian Y Avatar
65 months ago
Wait, Apple were actually suing over lost app store revenue?! They're showing their true colours here.
Score: 23 Votes (Like | Disagree)
4jasontv Avatar
65 months ago

Perhaps someone can explain subscription software scheme.
Sure.

Subscription software is a scam where developers try to convince customers to continuously pay for software in order to trick them into thinking they don't own said software. It relies heavily on the idea that the user is paying for access to the software and that the investment they retain is the experience they had with it and not the product itself. By ensuring the developer does not have to compete with a secondary market it can develop the software at any pace it wants, leaving bugs and promised features for as long as necessary while continuing to charge customers. Not owning the software makes right to repair nearly impossible, and some developers even introduce 'anti-cheat' measure that permanently brick the software if the customer attempts to fix it on their own. Meanwhile, the customer is left in a stressful state where they rely entirely on the developer seeing value in their own software else it is shut down and the software is disabled for the customer.
Score: 13 Votes (Like | Disagree)
WiseAJ Avatar
65 months ago

Apple could have ended this yesterday.

Instead, I’m worried that they’ll bring their same draconian restrictions to the new ARM Macs.

On a related note of the inability to run software Apple hasn’t approved, it was super disappointing that they chose to revive the PC character but it wasn’t to reassure people that the ARM Macs could boot into Windows 10.
Epic can end this anytime their CEO wants to stop being a child.
Score: 11 Votes (Like | Disagree)
TVreporter Avatar
65 months ago
I should have become a lawyer. The only true winners in this saga.
Score: 9 Votes (Like | Disagree)
iBluetooth Avatar
65 months ago

Apple could have ended this yesterday.

Instead, I’m worried that they’ll bring their same draconian restrictions to the new ARM Macs.

On a related note of the inability to run software Apple hasn’t approved, it was super disappointing that they chose to revive the PC character but it wasn’t to reassure people that the ARM Macs could boot into Windows 10.
You know Apple has always offered Epic to come back to the Appstore if they follow the contract. Epic could end this tomorrow.
Score: 8 Votes (Like | Disagree)
az431 Avatar
65 months ago

Epic suit is about a “ rent” Apple have built into users’ hardware products that they own which use its OSS Darwin and proprietary API’s that Apple rightfully charges third party developers a fee to sell on Apple’s AppStore.

Users buy Apple products. They own them. Users buy software that they own for a one-time fee. In that fee is Apple’s “rent”. SO the onus will be upon Apple to prove that the developer fee is not sufficient to actually develop third party software it is free to sell. Who owns the developer work product?. IF Apple insists that 30% transaction fee is owned by its license to use its API’s, then the court must address limitations in its third party license that effectively promote use of its AppStore. THUS forced “rent” and maybe trigger of monopoly statutes. That’s my understanding...

Perhaps someone can explain subscription software scheme.
Yeah your “understanding” doesn’t square at all with contract or antitrust law, or the facts or logic for that matter.
Score: 6 Votes (Like | Disagree)