Epic Games 'Attempting to Locate' Former iOS Chief Scott Forstall to Testify in Ongoing Legal Battle with Apple

As part of its ongoing legal battle, Epic Games is now seeking testimony from Apple's former iOS software chief, Scott Forstall.

scott forstall original iphone

Forstall left Apple in 2013, in what was widely reported at the time to have been a forced exit, largely because of the botched early launch of Apple Maps. Since then, Forstall has kept a very low profile and has only made a few media appearances in the past few years, choosing instead to focus on Broadway production. ‌Epic Games‌ now wants to ask Forstall some questions, given his involvement around the launch of the App Store, to use as potential evidence for its case against Apple.

According to court documents (via FOSS Patents), on Decemeber 15, 2020, Apple offered to depose and later represent Forstall. Epic alleges, however, that Apple is now stating it never offered the deposition and that Apple "kept promising it would provide a date for Mr. Forstall's deposition but did not."

Epic says it didn't proactively attempt to reach out to Forstall itself, given Apple's indication that it would handle the logistics and planning of the deposition, according to the court document. Both Epic and Apple agreed to a tentatively scheduled deposition for February 11. Ten days earlier, Apple admitted that Forstall did not respond to its request to appear, according to Epic.

When Epic asked Apple for specific information about Forstall's whereabouts, Apple provided a PO box and Twitter handle, according to the court filing. Apple initially stated it did not have the authority to provide Epic with Forstall's phone number, but then later said it didn't believe it had that information in its possession. Epic continues to allege that both parties agreed that a deposition may occur after February 15, and that Apple set a deadline of March 10, 2021.

Epic says it is now "attempting to locate Mr. Forstall." In response, Apple says that it "does not object to a deposition of Mr. Forstall in advance of March 10, 2021," but reiterates the fact that it plans to represent him in the deposition, and that it cannot compel a former employee to take part in the ongoing legal dispute. Apple says that it will work "collaboratively" with Epic to resolve the issue, but says that Epic "cannot hold discovery open indefinitely while it seeks to locate, serve, and depose another witness."

Epic believes that Forstall could be of use in its ongoing battle with the Cupertino tech giant because of his involvement around the launch of the ‌App Store‌, the center of its lawsuit. Apple may be reluctant to have Forstall testify, however, given the rocky departure he had from the company, and any form of deposition would be a test for Forstall's loyalty to his former employer.

Epic now has until March 10 to locate Forstall and seek his agreement to appear for a deposition. Whether he agrees or not, Apple CEO Tim Cook and SVP of Software Engineering Craig Federighi are set to testify. A judge ruled in December that both executives will need to appear for a deposition at the request of Epic.

The two companies are preparing to battle it out in court in a hearing currently set for July 2021, which will mark almost a year since the whole dispute between Epic and Apple began.

Top Rated Comments

orbital~debris Avatar
2 days ago at 04:25 am
Scott evidently has ‘Share my location’ switched off in Find My.
Score: 56 Votes (Like | Disagree)
LeeW Avatar
2 days ago at 04:25 am
Scraping the bottom of the barrel it seems, EPIC is struggling.
Score: 35 Votes (Like | Disagree)
Saturnine Avatar
2 days ago at 04:57 am
Turns out they've found him!

Unfortunately they used iOS6 and he's at least 50 miles away from where Apple Maps says he is.
Score: 31 Votes (Like | Disagree)
n0va Avatar
2 days ago at 04:44 am
This isn't a legal battle at all. It's nothing but a publicity stunt extended for a painfully long amount of time.
Score: 18 Votes (Like | Disagree)
Apple Knowledge Navigator Avatar
2 days ago at 04:25 am
“attempting to locate” - doesn’t sound creepy at all...
Score: 18 Votes (Like | Disagree)
pauloregan Avatar
2 days ago at 05:17 am
If they use Forstall's version of Apple Maps he will never be found.
Score: 17 Votes (Like | Disagree)

Top Stories

2021 mbp sd slot feature2

Kuo: New MacBook Pro Models With HDMI Port and SD Card Reader to Launch Later This Year

Monday February 22, 2021 8:52 pm PST by
Apple plans to release two new MacBook Pro models equipped with an HDMI port and SD card reader in the second half of 2021, according to analyst Ming-Chi Kuo, who outlined his expectations in a research note obtained by MacRumors. The return of an SD card reader was first reported by Bloomberg's Mark Gurman last month. "We predict that Apple's two new MacBook Pro models in 2H21 will have...
m1 mac mini

M1 Mac Users Report Excessive SSD Wear

Tuesday February 23, 2021 7:07 am PST by
Over the past week, some M1 Mac users have been reporting alarming SSD health readings, suggesting that these devices are writing extraordinary amounts of data to their drives (via iMore). Across Twitter and the MacRumors forums, users are reporting that M1 Macs are experiencing extremely high drive writes over a short space of time. In what appear to be the most severe cases, M1 Macs are sai...
iphone 12 pro display video

BOE Rumored to Supply iPhone 13 Display Panels After iPhone 12 Failures

Monday February 22, 2021 9:54 am PST by
Display manufacturer BOE will be one of the main suppliers of OLED panels for iPhone 13 models, according to a new report today from Taiwan's Economic Daily News. BOE is said to be working with touch panel manufacturer General Interface Solution (GIS), part of the Hon Hai Group to develop OLED panels. Multiple iPhone 12 rumors suggested that BOE would supply some panels for the devices,...
mac security privacy

Apple Takes Step to Prevent Further Spread of 'Silver Sparrow' Malware on Macs

Monday February 22, 2021 6:13 am PST by
Over the weekend, we reported on the second known piece of malware compiled to run natively on M1 Macs. Given the name "Silver Sparrow," the malicious package is said to leverage the macOS Installer JavaScript API to execute suspicious commands. After observing the malware for over a week, however, security firm Red Canary did not observe any final payload, so the exact threat to users remains a...
jon prosser imac 2021colors

Prosser: 2021 iMac to Come in Five Colors, Apple Silicon Mac Pro to Resemble 'Stacked' Mac Minis

Wednesday February 24, 2021 7:26 am PST by
Hit-and-miss leaker Jon Prosser has today alleged that the upcoming 2021 iMac models will offer five color options, mirroring the colors of the fourth-generation iPad Air, and revealed a number of additional details about the Mac Pro with Apple Silicon. In a new video on YouTube channel FrontPageTech, Prosser explained that the redesigned iMacs will come featuring options for Silver, Space ...
whatsapp privacy banner

WhatsApp Reveals What Happens to Users Who Don't Agree to Upcoming Privacy Policy Changes

Sunday February 21, 2021 1:11 am PST by
WhatsApp has revealed how it will gradually limit the features available to accounts held by users who do not accept the platform's impending privacy policy changes, due to come into effect on May 15. WhatsApp's new banner explaining the privacy policy changes According to an email seen by TechCrunch to one of its merchant partners, WhatsApp said it will "slowly ask" users who have not yet...
new airpods leaked image 52audios

Alleged Leaked Image Claims to Show Third-Generation AirPods and Case

Sunday February 21, 2021 2:49 am PST by
A new image claims to offer our first real world look at Apple's next-generation AirPods. The image, shared by 52audio, showcases both AirPods and the charging case for what the site claims to be the third iteration of the wireless earbuds. 52audio has in the past shared images claiming to showcase different parts of the third-generation AirPods. Most notably, the site in November shared...
anker magsafe powercore battery pack

Anker Releases MagSafe-Compatible Battery Pack for iPhone 12 Lineup

Tuesday February 23, 2021 7:49 am PST by
Following rumors that Apple is working on a MagSafe battery pack for iPhone 12 models, popular accessory maker Anker has beaten Apple to the punch with the release of its PowerCore Magnetic 5K Wireless Power Bank. First previewed at CES 2021, the PowerCore battery pack magnetically attaches to the back of any iPhone 12 model and provides 5W of wireless charging. With a 5,000 mAh capacity,...
iPad Pro Mini LED

New iPad Pro and MacBook Models With Mini-LED Displays Again Rumored to Launch This Year

Monday February 22, 2021 9:32 pm PST by
Taiwanese company Ennostar will begin production of Mini-LED backlight units for an upcoming 12.9-inch iPad Pro in the late first quarter or second quarter of this year, according to industry sources cited by DigiTimes. Ennostar is a holding company that was jointly established in January 2021 by LED-related manufacturers Epistar and Lextar Electronics. Apple is expected to unveil the new ...
14

iOS 14.5 to Make Zero-Click Attacks 'Significantly Harder'

Monday February 22, 2021 9:05 am PST by
Apple's impending iOS and iPadOS 14.5 update will make zero-click attacks considerably more difficult by extending PAC security provisions, according to Motherboard. Apple has made a change to the way in which it secures its code in the latest betas of iOS 14.5 and iPadOS 14.5 to make zero-click attacks much harder. The change, spotted by security researchers, has now been confirmed by...