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

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).

fortnite apple featured
U.S. District Judge Yvonne Gonzalez Rogers has been planning for an in-person trial because she believes that the case is significant enough that the court should hear it in person. She has also said in the past that Apple and ‌Epic Games‌ witnesses in the case will be less likely to lie when sworn in in a physical courtroom.

COVID-19 cases are dropping in the San Francisco Bay Area and people are getting vaccinated, which means the courtrooms are able to open up. Regardless of whether attendees have been vaccinated, however, masks will be required.

‌Epic Games‌ and Apple will each be limited to six people in the courtroom at a time, and the press and the public will not be able to attend in person, but live audio will be provided. All testifying witnesses will be given a clear mask so that the judge is able to clearly see responses, and legal teams will be able to wear cordless microphones to make them easy to hear.

Unused rooms in the courthouse may be able to be used for legal team meetings, but Gonzalez Rogers recommended that Apple and ‌Epic Games‌ rent office space across from the courthouse in case it's needed.

The trial is set to take place on May 3, and each side will have 45 hours to present their case. Each side is also allowed to submit 100,000 words that can be split up among experts for reports, and the deadline for exchanging reports is April 27.

Apple and ‌Epic Games‌ are expected to call a number of high-profile witnesses. Apple CEO Tim Cook, Apple Fellow Phil Schiller, and Apple Senior Vice President of Software Engineering Craig Federighi will all be attending to defend the company's App Store practices.

Cook will be directly examined for one hour, with a one hour cross examination also included. Federighi will testify for two hours with a one hour cross examination, while Schiller, who is in charge of the ‌App Store‌, will testify for a total of 10 hours. Apple last week said that its senior executives are eager to share the impact that the ‌App Store‌ has had on economies around the world.

Our senior executives look forward to sharing with the court the very positive impact the ‌App Store‌ has had on innovation, economies across the world and the customer experience over the last 12 years. We feel confident the case will prove that Epic purposefully breached its agreement solely to increase its revenues, which is what resulted in their removal from the ‌App Store‌. By doing that, Epic circumvented the security features of the ‌App Store‌ in a way that would lead to reduced competition and put consumers' privacy and data security at tremendous risk.

‌Epic Games‌ witnesses include ‌Epic Games‌‌ CEO Tim Sweeney and other Epic employees, and third-party witnesses will include executives from Facebook, Microsoft, Nvidia. ‌Epic Games‌ also intends to call on iTunes chief Eddy Cue and former iOS software chief Scott Forstall, who was involved in the ‌App Store‌'s launch.

Apple lawyers today said all but one witness will testify in person, and Epic too plans to have most of its witnesses appear in person.

The May 3 trial will focus on 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' most popular title, Fortnite, has been out of the ‌App Store‌ for months now as the two companies await the trial.

‌Epic Games‌ plans to 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 recently lowered the 30 percent commission rate to 15 percent for developers that make under $1 million in a given calendar year, but this does not apply to major developers like ‌Epic Games‌.

Apple will argue that its ‌App Store‌ prices are fair and in line with other competing software marketplaces, and that its ‌App Store‌ policies offer important protections for consumers.

Note: Due to the political or social nature of the discussion regarding this topic, the discussion thread is located in our Political News forum. All forum members and site visitors are welcome to read and follow the thread, but posting is limited to forum members with at least 100 posts.

Popular Stories

apple store down feature

Here's Why the Apple Store is Going Down

Thursday November 27, 2025 1:01 pm PST by
Apple's online store is going down for a few hours on a rolling country-by-country basis right now, but do not get your hopes up for new products. Apple takes its online store down for a few hours ahead of Black Friday every year to tease/prepare for its annual gift card offer with the purchase of select products. The store already went down and came back online in Australia and New Zealand, ...
iPhone Pocket Short

iPhone Pocket is Now Completely Sold Out Worldwide

Tuesday November 25, 2025 7:16 am PST by
Apple recently teamed up with Japanese fashion brand ISSEY MIYAKE to create the iPhone Pocket, a limited-edition knitted accessory designed to carry an iPhone. However, it is now completely sold out in all countries where it was released. iPhone Pocket became available to order on Apple's online store starting Friday, November 14, in the United States, France, China, Italy, Japan, Singapore, ...
streaming black friday 2025

Best Black Friday Streaming Deals - Save Big on Apple TV, Disney+, Hulu, and More

Thursday November 27, 2025 1:14 pm PST by
We've been focusing on deals on physical products over the past few weeks, but Black Friday is also a great time of year to purchase a streaming membership. Some of the biggest services have great discounts for new and select returning members this week, including Apple TV, Disney+, Hulu, Paramount+, Peacock, and more. Note: MacRumors is an affiliate partner with some of these vendors. When...
New Intel Logo

Apple and Intel Rumored to Partner on Mac Chips Again in a New Way

Friday November 28, 2025 7:33 am PST by
While all Macs are now powered by Apple's custom-designed chips, a new rumor claims that Apple may rekindle its partnership with Intel, albeit in a new and limited way. Apple supply chain analyst Ming-Chi Kuo today said Intel is expected to begin shipping Apple's lowest-end M-series chip as early as mid-2027. Kuo said Apple plans to utilize Intel's 18A process, which is the "earliest...
Apple Foldable Thumb

Foldable iPhone to Debut These Three Breakthrough Features

Tuesday November 25, 2025 7:09 am PST by
Apple's first foldable iPhone is expected to launch alongside the iPhone 18 Pro models in fall 2026, and it's shaping up to include three standout features that could set it apart from the competition. The book-style foldable will reportedly feature an industry-first 24-megapixel under-display camera built into the inner display, according to a recent JP Morgan equity research report. That...
iphone air camera

iPhone Air Flop Sparks Industry Retreat From Ultra-Thin Phones

Thursday November 27, 2025 3:14 am PST by
Apple's disappointing iPhone Air sales are causing major Chinese mobile vendors to scrap or freeze their own ultra-thin phone projects, according to reports coming out of Asia. Since the ‌iPhone Air‌ launched in September, there have been reports of poor sales and manufacturing cuts, while Apple's supply chain has scaled back shipments and production. Apple supplier Foxconn has...
streaming black friday 2025

Black Friday Streaming Deals Include Big Savings on Disney+, Hulu, Apple TV, and More

Monday November 24, 2025 8:03 am PST by
We've been focusing on deals on physical products over the past few weeks, but Black Friday is also a great time of year to purchase a streaming membership. Some of the biggest services have great discounts for new and select returning members this week, including Disney+, Hulu, Paramount+, Peacock, and more. Note: MacRumors is an affiliate partner with some of these vendors. When you click a...
General Apps Messages Redux

Singapore Orders Changes to iMessage by December

Tuesday November 25, 2025 6:39 am PST by
Singapore has ordered Apple to block or filter messages on iMessage that impersonate government agencies, requiring the company to implement new anti-spoofing protections by December as part of efforts to curb rising online scams, the Straits Times reports. Singapore's Ministry of Home Affairs (MHA) said that it had issued an Implementation Directive to Apple under the Online Criminal Harms...

Top Rated Comments

WiseAJ Avatar
61 months ago

Go Epic! Thanks for fighting the fight, for the fairness and dignity of all developers big and small, and for an OS that allows installing everything we want, as it should be.
That OS already exists, its called Android.
Score: 41 Votes (Like | Disagree)
countryside Avatar
61 months ago

Go Epic! Thanks for fighting the fight, for the fairness and dignity of all developers big and small, and for an OS that allows installing everything we want, as it should be.
Go to FortniteRumors.com with that opinion. EPIC is lucky to even have the option to sell their game on the App Store. Apple can do what they want, they are a private company. They can ban Parler, they can charge 80% commission for all I care. Nobody makes EPIC sell an app. Follow the rules or get lost.
Score: 31 Votes (Like | Disagree)
grahamwright1 Avatar
61 months ago

Sorry it hurt you, I know it must be difficult but just as you can I also can share my opinion on this forum.
...and your opinion differs from many of us who want to retain the current App Store where we can be pretty sure we aren't downloading malware. Have you tracked the sheer number of Android app's that have been found forwarding user information from Android devices to corporate and individual websites?

After 40 years using everything from mainframes, through mini's, micro's, Windows, and Mac systems, I truly appreciate the approach and care that Apple take with iOS. Clearly you don't, so why not just switch over to one of the many Android devices readily available?
Score: 26 Votes (Like | Disagree)
WiseAJ Avatar
61 months ago

And it will soon be called iOS, if common sense and fair regulations are applied.

It will be called iOS if government overreach succeeds. It will eliminate the only closed OS system and that feature is one that many many many people buy iPhones for. There already is a fair freedom of choice in the market with iOS (Closed) vs Android (Open). Common sense is to leave it alone and not punish Apple for having a financially successful ecosystem.
Score: 23 Votes (Like | Disagree)
Abazigal Avatar
61 months ago
Go Epic! Thanks for fighting the fight, for the fairness and dignity of all developers big and small, and for an OS that allows installing everything we want, as it should be.
Epic is not doing this for the benefit of consumers or developers. They just want to burn down the whole App Store model for their own financial gain.
Score: 17 Votes (Like | Disagree)
WiseAJ Avatar
61 months ago
Cant wait for the Epic beat down Apple is going to give Epic Games
Score: 15 Votes (Like | Disagree)