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

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.

fortnite apple logo 2
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 that the case is significant enough that the court should hear it in person, with witnesses in the case less likely to lie when sworn in in a physical courtroom.

Health considerations will be taken into account for witnesses that aren't able to travel to California, but the court will look into people who say they can't visit the court in person.

The judge said that the people involved and the companies involved have the available resources to quarantine for two weeks after the trial. The court plans to put measures in place to keep participants safe, including a limited number of people in the courtroom. Witnesses will be positioned far from the attorneys in the case, with distance between parties, and enough space will be given that witnesses can speak clearly without masks.

Based on the COVID numbers in May, the in-person trial could be set aside, but the case will go forward in May no matter what, even if it is held entirely over Zoom. The judge is pushing for a two to three week trial, while ‌Epic Games‌ wants it to last four to five weeks, with the exact length to be determined later when all of the case details are ironed out.

The Epic vs. Apple trial will delve into Epic's accusation that Apple is a "behemoth seeking to control markets, block competition, and stifle innovation" by imposing "anti-competitive restraints" against App Store developers and employing "monopolistic practices in markets."

‌Epic Games‌ will argue that the 30 percent cut that Apple takes from apps is "oppressive" as is the rule that requires developers to use in-app purchases. Apple lowered the 30 percent fee to 15 percent for developers earning under $1 million, but that does not apply to ‌Epic Games‌.

Apple will attempt to prove that its ‌App Store‌ prices are fair and in line with other competitors in the market, and that its ‌App Store‌ policies offer important protections for consumers.

Top Rated Comments

filmantopia Avatar
17 months ago
So no cat lawyers then :(
Score: 17 Votes (Like | Disagree)
farewelwilliams Avatar
17 months ago
what a stupid trial.

just epic being greedy. app store has always been fair.
Score: 10 Votes (Like | Disagree)
cmaier Avatar
17 months ago

We all win if Epic beat Apple on this one.
No we don’t. I don’t want more attack vectors on my devices.
Score: 9 Votes (Like | Disagree)
cgaw23 Avatar
17 months ago
I could be wrong but I thought I had read somewhere that Microsoft/Sony/Nintendo also ask for 30 percent for similar transactions. If so why is this even an issue.
Score: 8 Votes (Like | Disagree)
Maconplasma Avatar
17 months ago

All I want from this is a switch in iOS that allows me to install apps from sources other than the app store at my own risk. This shouldn't be too much of a problem. The ‘geniuses’ in the Apple Stores are already well-versed in blaming OS malfunctions and battery drain on third party apps. Surely they can extend their diagnoses to apps that come from outside sources...
The problem is that IS too much of a problem. If Apple allows this then there will be a crapstorm of people complaining that their iPhone isn't working properly and try and blame Apple when it's really the 3rd party unsupported application that is causing the issue. And without a doubt (especially from this forum ?) not a single customer will accept any blame or responsibility and expect Apple to give them a new phone, and if Apple does not these same people will come shouting on social media that Apple screwed them over......when it was really the customer's fault in the first place.
Score: 7 Votes (Like | Disagree)
cmaier Avatar
17 months ago

Not sure why Apple wanted to delay this, but I say the sooner this dramedy is over with and they can move on the better.
They needed more time to get and review evidence. This is a very fast timeline for a federal case.
Score: 6 Votes (Like | Disagree)

Related Stories

fortnite apple logo 2

Epic Games Appeals Ruling in Apple Lawsuit, Claims Court Made Errors

Thursday January 20, 2022 10:29 am PST by
Epic Games today kicked off its appeal of the judge's decision in the Epic v. Apple lawsuit, filing an opening brief with the United States Court of Appeals for the Ninth Circuit. Both Apple and Epic Games have decided to appeal the original ruling as neither company was satisfied with the outcome. Epic Games wanted the court to force Apple to support third-party App Stores, which did not...
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 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 ...
maxresdefault

Hands On: Testing Fortnite on iOS Using GeForce NOW

Thursday February 17, 2022 11:54 am PST by
Fortnite has been unavailable to play on the iPhone and iPad since Apple banned it from the App Store in August 2020 amid an ongoing legal battle with Epic Games, but the battle royale game is coming back to iOS devices thanks to Nvidia's GeForce NOW gaming service. Subscribe to the MacRumors YouTube channel for more videos. GeForce NOW is a browser-based gaming service that will allow iPhone ...
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 Games Pays Apple $6 Million as Ordered by Court

Monday September 13, 2021 3:31 pm PDT by
Epic Games today paid Apple $6,000,000 in royalties, Epic Games CEO Tim Sweeney said on Twitter. As part of the ruling in the ongoing Epic v. Apple legal battle, Epic was last week ordered by the court to pay 30 percent of the revenue that it collected from the Fortnite app using its illicit direct payment option. Back at the start of the dispute between Epic and Apple, Epic added a direct...
app store blue banner epic 1

Epic vs. Apple Takes a Twist As 35 US States and Department of Justice Weigh in to Back 'Fortnite' Maker

Friday January 28, 2022 4:27 am PST by
Apple is stifling competition with its monopoly on app distribution through the App Store, attorneys general for 35 states told a California appeals court on Thursday. The joint statement was submitted into the appeals process that is ongoing following the judge's decision in the Epic v. Apple lawsuit, with the attorneys general siding with the "Fortnite" video game maker on the issue,...
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...

Popular Stories

maxresdefault

M2 13-Inch MacBook Pro With 256GB SSD Appears Slower Than Equivalent M1 in Real-World Speed Tests

Monday June 27, 2022 1:57 pm PDT by
Benchmark testing has indicated that the 256GB variant of the 13-inch MacBook Pro with M2 chip offers slower SSD performance than its M1 equivalent, and now real-world stress testing by YouTuber Max Yuryev of Max Tech suggests that the 256GB SSD in the 13-inch MacBook Pro is also underperforming in day-to day-usage. The M2 MacBook Pro with 256GB SSD and 8GB RAM was slower than the M1 MacBook ...
M2 Pro and Max Feature

Apple's Upcoming M2 Pro Chip for High-End MacBook Pro and Mac Mini Will Reportedly Be 3nm

Monday June 27, 2022 7:31 am PDT by
TSMC will manufacture Apple's upcoming "M2 Pro" and "M3" chips based on its 3nm process, according to Taiwanese industry publication DigiTimes. "Apple reportedly has booked TSMC capacity for its upcoming 3nm M3 and M2 Pro processors," said DigiTimes, in a report focused on competition between chipmakers like TSMC and Samsung to secure 3nm chip orders. As expected, the report said TSMC will...
iPhone 11 Pro vs iPhone 14 Pro

iPhone 11 Pro vs. 14 Pro: New Features to Expect if You've Waited to Upgrade

Monday June 27, 2022 11:22 am PDT by
With many customers choosing to upgrade their iPhone every two or three years nowadays, there are lots of iPhone 11 Pro users who might be interested in upgrading to the iPhone 14 Pro later this year. Those people are in for a treat, as three years of iPhone generations equals a long list of new features and changes to look forward to. Below, we've put together a list of new features and...
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...
tesla carplay hack

Tesla Apple CarPlay Hack Updated to Work With Any Tesla Model

Monday June 27, 2022 3:38 am PDT by
Polish developer Michał Gapiński has released a new and improved version of his "Tesla Android Project" which brings Apple's CarPlay experience to more Tesla vehicles than ever before. According to Gapiński, version 2022.25.1 provides "100% functional CarPlay integration for any Tesla," and comes with several new features and bug fixes. The project now supports DRM video playback so that...
13 inch macbook pro m2 mock feature 2

Base 13-Inch MacBook Pro With M2 Chip Has Significantly Slower SSD Speeds

Sunday June 26, 2022 2:52 pm PDT by
Following the launch of Apple's new 13-inch MacBook Pro with the M2 chip, it has been discovered that the $1,299 base model with 256GB of storage has significantly slower SSD read/write speeds compared to the equivalent previous-generation model. YouTube channels such as Max Tech and Created Tech tested the 256GB model with Blackmagic's Disk Speed Test app and found that the SSD's read and...
maxresdefault

Video Comparison: M2 MacBook Pro vs. M1 MacBook Pro

Tuesday June 28, 2022 2:45 pm PDT by
Apple last week launched an updated version of the 13-inch MacBook Pro, and it is the first Mac that is equipped with an updated M2 chip. As it's using a brand new chip, we thought we'd pick up the M2 MacBook Pro and compare it to the prior-generation M1 MacBook Pro to see just what's new. Subscribe to the MacRumors YouTube channel for more videos. For the video comparison, we're using the...
iPhone vs Galaxy Larger

Apple Executive Says Samsung Copied the iPhone and Simply 'Put a Bigger Screen Around It'

Tuesday June 28, 2022 8:59 am PDT by
The Wall Street Journal's Joanna Stern today shared a new documentary about the evolution of the iPhone ahead of the 15th anniversary of the device launching on June 29, 2007. The documentary includes an interview with Apple's marketing chief Greg Joswiak, iPhone co-creator Tony Fadell, and a family of iPhone users. One segment of the interview reflects on Android smartphones gaining larger...
widgets ios 16 feature

Gurman: iPhone 14 Pro to Feature Always-On Display Showing iOS 16's New Lock Screen Widgets

Sunday June 26, 2022 7:36 am PDT by
iPhone 14 Pro models are widely expected to feature always-on displays that allow users to view glanceable information without having to tap to wake the screen. In the latest edition of his Power On newsletter for Bloomberg, Mark Gurman said the feature will include support for iOS 16's new Lock screen widgets for weather, fitness, and more. "Like the Apple Watch, the iPhone 14 Pro will be...