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
18 months ago
Scott evidently has ‘Share my location’ switched off in Find My.
Score: 56 Votes (Like | Disagree)
LeeW Avatar
18 months ago
Scraping the bottom of the barrel it seems, EPIC is struggling.
Score: 35 Votes (Like | Disagree)
Saturnine Avatar
18 months ago
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: 34 Votes (Like | Disagree)
n0va Avatar
18 months ago
This isn't a legal battle at all. It's nothing but a publicity stunt extended for a painfully long amount of time.
Score: 19 Votes (Like | Disagree)
Apple Knowledge Navigator Avatar
18 months ago
“attempting to locate” - doesn’t sound creepy at all...
Score: 18 Votes (Like | Disagree)
pauloregan Avatar
18 months ago
If they use Forstall's version of Apple Maps he will never be found.
Score: 17 Votes (Like | Disagree)

Related Stories

app store blue banner epic 1

Epic Games CEO Renews Attack on Apple and Calls for Single, Universal App Store

Tuesday November 16, 2021 3:31 am PST by
Epic Games CEO Tim Sweeney has today renewed his attack on Apple and called for a single, universal app store that works across all platforms (via Bloomberg). Last year, Epic's popular game "Fortnite" became the subject of heated litigation with Apple and Google over the rate of commission on in-app purchases. After Epic broke App Store rules by implementing a direct payment option, the game ...
fortnite apple logo south korea feature 1

Epic Games Asks Apple to Restore Fortnite in South Korea Following Ban on In-App Purchase Requirement [Update]

Thursday September 9, 2021 5:00 pm PDT by
Epic Games today said that it has asked Apple to reinstate its Fortnite developer account because it intends to release Fortnite in South Korea. South Korea in late August passed a bill that bans Apple from requiring developers to use its in-app purchase system. The bill forces Apple (and Google) to let developers use third-party payment methods to make purchases. Epic Games now says that ...
fortnite samsung

Apple Says Epic Games 'Wants Us to Be Android, But We Don't Want to Be'

Monday May 3, 2021 5:43 pm PDT by
The highly-anticipated Epic Games vs. Apple trial kicked off today in a federal court in Oakland, California, with lawyers for both companies delivering opening remarks before District Judge Yvonne Gonzalez Rogers. Lawyers for Epic Games attempted to paint the App Store as anti-competitive and monopolistic, noting that developers are forced to use Apple's in-app purchase system, and thus pay ...
app store blue banner epic 1

Epic Wins Appeal to Continue Antitrust Case Against Apple in Australia

Friday July 9, 2021 1:58 am PDT by
Australia's Federal Court has permitted Epic Games to sue Apple, reversing a previous ruling that said the two companies had to battle it out in the United States first before any legal action could take place Down Under. Epic and Apple are involved in a highly public lawsuit in the United States, but Epic has also sued Apple in other countries, including Australia last November, in an...
app store blue banner epic 1

Epic Lost Trial Due to Flawed Argument, Not Legal Error, Apple Says in Appeals Filing

Thursday March 24, 2022 3:32 pm PDT by
Apple's legal battle with Epic Games is continuing on, and today, the Cupertino company filed an opening brief with the United States Court of Appeals for the Ninth Circuit. Both Apple and Epic Games opted to appeal the original ruling in the Epic Games v. Apple case as neither company was satisfied with the outcome. Epic lost, while Apple was subject to App Store changes that are on hold pending ...
fortnite apple featured

Judge in Upcoming Epic v. Apple Trial to Limit In-Person Attendees

Friday March 26, 2021 1:21 pm PDT by
Apple and Epic Games lawyers are continuing to plan for their upcoming May 3 bench trial, and in a preparatory conference held today, the judge overseeing the case said that attendance will be limited due to the ongoing global health crisis (via Law360). U.S. District Judge Yvonne Gonzalez Rogers has been planning for an in-person trial because she believes that the case is significant...
fortnite apple featured

Apple Won't Allow Fortnite Back in the App Store Until Legal Battle Ends Due to Epic's 'Duplicitous Conduct'

Wednesday September 22, 2021 9:49 am PDT by
Apple has no plans to allow Fortnite to return to the App Store in the near future, Apple's lawyers told Epic's lawyers this week. Further, Apple does not plan to consider requests for the reinstatement of the Epic Games developer account until the court's judgment is "final and nonappealable," a process that could span years. Apple provided this information to Epic Games after Epic CEO Tim...
fortnite apple logo 2

Epic Games Began Planning Antitrust Lawsuit Against Apple Two Years Ago With 'Project Liberty'

Thursday April 8, 2021 12:01 am PDT by
Ahead of its upcoming bench trial against Epic Games, Apple today filed 500 pages of documents covering findings of fact and conclusions of law, which basically summarizes the information exchanged between Apple and Epic, presents the relevant facts to the judge, and argues for the logical conclusions that should be drawn when law is applied to the case. Apple sticks to many of the talking...

Popular Stories

macbook air m2

Exclusive: Apple Plans to Launch MacBook Air With M2 Chip on July 15

Wednesday June 29, 2022 5:23 pm PDT by
The redesigned MacBook Air with the all-new M2 Apple silicon chip will be available for customers starting Friday, July 15, MacRumors has learned from a retail source. The new MacBook Air was announced and previewed during WWDC earlier this month, with Apple stating availability will begin in July. The MacBook Air features a redesigned body that is thinner and lighter than the previous...
Mac Studio IO

Apple Begins Selling Refurbished Mac Studio Models

Thursday June 30, 2022 7:42 pm PDT by
Apple today began selling refurbished Mac Studio models for the first time in the United States, Canada, and select European countries, such as Belgium, Germany, Ireland, Spain, Switzerland, the Netherlands, and the United Kingdom. In the United States, two refurbished Mac Studio configurations are currently available, including one with the M1 Max chip (10-core CPU and 24-core GPU) for...
top stories 2jul2022

Top Stories: M2 MacBook Air Release Date, New HomePod Rumor, and More

Saturday July 2, 2022 6:00 am PDT by
The M2 MacBook Pro has started making its way into customers' hands and we're learning more about how it performs in a variety of situations, but all eyes are really on the upcoming M2 MacBook Air which has seen a complete redesign and should be arriving in a couple of weeks. Other top stories this week included a host of product rumors including additional M2 and even M3 Macs, an updated...
original iphone 2007

15 Years Ago Today, the iPhone Went On Sale

Wednesday June 29, 2022 4:43 am PDT by
Fifteen years ago to this day, the iPhone, the revolutionary device presented to the world by the late Steve Jobs, officially went on sale. The first iPhone was announced by Steve Jobs on January 9, 2007, and went on sale on June 29, 2007. "An iPod, a phone, an internet mobile communicator... these are not three separate devices," Jobs famously said. "Today, Apple is going to reinvent the...
rootbug

Major macOS High Sierra Bug Allows Full Admin Access Without Password - How to Fix [Updated]

Tuesday November 28, 2017 12:33 pm PST by
There appears to be a serious bug in macOS High Sierra that enables the root superuser on a Mac with a blank password and no security check. The bug, discovered by developer Lemi Ergin, lets anyone log into an admin account using the username "root" with no password. This works when attempting to access an administrator's account on an unlocked Mac, and it also provides access at the login...