Facebook Doesn't Want to Give Apple Requested Documents in Epic v. Apple Fight [Updated]

Facebook and Apple are squabbling over document requests in the ongoing Epic v. Apple legal battle, according to a new discovery letter filed with the court today. Facebook is involved because Facebook executive Vivek Sharma is set to testify on behalf of Epic.

fortnite apple featured
Apple wants a "limited set of documents" that are needed for a fair cross examination of Sharma, who plans to testify about Apple's restrictions on iOS app distribution, the App Store process, and Facebook's interactions with Apple, but Facebook does not want to produce the documents that Apple is asking for.

There are apparently more than 17,000 documents related to Sharma that Apple feels are relevant in the case, but Facebook says that producing tens of thousands of documents is an "untimely, unfair, and unjustified request to redo fact discovery." Facebook has already provided Apple with more than 1,600 documents, including 200 involving Sharma, but Apple does not believe that is sufficient.

According to Apple, Facebook has been continually ignoring requests for documents and using delaying tactics. Apple says it served multiple subpoenas to Facebook starting in December and met with Facebook several times to narrow the scope of the requests, but Facebook has refused to produce many of the documents in question.

Apple was fed up with Facebook and ultimately agreed not to pursue additional documents if no Facebook executives testified, but Epic added Sharma to its witness list, and Apple again wants the documents.

Despite Facebook's knowledge of the time constraints in this action, it stalled for five days purportedly because "there is unavoidable technical processing time baked in to" investigating the burden of production, and finally admitted on March 29 it did not intend to produce more documents.

Facebook claims that Apple waited to ask for the documents after the discovery period had closed (and before Apple confirmed Sharma would be a witness), making the timing of the request "improper." Facebook also claims that Apple is asking for additional unrelated documents pertaining to iOS 14 and Facebook's response to App Tracking Transparency that are irrelevant to the case.

If Apple believed that production was insufficient in any way, it had every opportunity to move to compel within 7 days of the close of discovery as required by the Court's Rules. Apple chose not to, making this motion untimely. Instead, claiming surprise by Epic's disclosure of Mr. Sharma as a trial witness--even though Epic's complaint quoted him by name--Apple now demands that Facebook review and produce an enormous number of additional documents.

Apple is asking the court to order Facebook to comply with Apple's request for Facebook's documents so that "Apple has a fair opportunity to cross examine the newly-disclosed trial witness." Facebook argues that it should not be compelled to "review tens of thousands more documents because Apple wants to go fishing for some theoretical additional cross material," and therefore the court should deny the request.

Update: The court has denied Apple's request to compel Facebook to produce additional documents, calling it "untimely" and ruling in favor of Facebook. The judge said that Apple could, however, raise a motion to have Vivek Sharma dismissed as a witness if Epic failed to disclose him in a timely manner.


Popular Stories

iphone 16 display

iPhone 17's Scratch Resistant Anti-Reflective Display Coating Canceled

Monday April 28, 2025 12:48 pm PDT by
Apple may have canceled the super scratch resistant anti-reflective display coating that it planned to use for the iPhone 17 Pro models, according to a source with reliable information that spoke to MacRumors. Last spring, Weibo leaker Instant Digital suggested Apple was working on a new anti-reflective display layer that was more scratch resistant than the Ceramic Shield. We haven't heard...
apple watch ultra yellow

What's Next for the Apple Watch Ultra 3 and Apple Watch SE 3

Friday April 25, 2025 2:44 pm PDT by
This week marks the 10th anniversary of the Apple Watch, which launched on April 24, 2015. Yesterday, we recapped features rumored for the Apple Watch Series 11, but since 2015, the Apple Watch has also branched out into the Apple Watch Ultra and the Apple Watch SE, so we thought we'd take a look at what's next for those product lines, too. 2025 Apple Watch Ultra 3 Apple didn't update the...
iPhone 17 Air Pastel Feature

iPhone 17 Reaches Key Milestone Ahead of Mass Production

Monday April 28, 2025 8:44 am PDT by
Apple has completed Engineering Validation Testing (EVT) for at least one iPhone 17 model, according to a paywalled preview of an upcoming DigiTimes report. iPhone 17 Air mockup based on rumored design The EVT stage involves Apple testing iPhone 17 prototypes to ensure the hardware works as expected. There are still DVT (Design Validation Test) and PVT (Production Validation Test) stages to...
Beyond iPhone 13 Better Blue

20th Anniversary iPhone Likely to Be Made in China Due to 'Extraordinarily Complex' Design

Monday April 28, 2025 4:29 am PDT by
Apple will likely manufacture its 20th anniversary iPhone models in China, despite broader efforts to shift production to India, according to Bloomberg's Mark Gurman. In 2027, Apple is planning a "major shake-up" for the iPhone lineup to mark two decades since the original model launched. Gurman's previous reporting indicates the company will introduce a foldable iPhone alongside a "bold"...
iPhone 17 Air Pastel Feature

iPhone 17 Air Launching Later This Year With These 16 New Features

Thursday April 24, 2025 8:24 am PDT by
While the so-called "iPhone 17 Air" is not expected to launch until September, there are already plenty of rumors about the ultra-thin device. Overall, the iPhone 17 Air sounds like a mixed bag. While the device is expected to have an impressively thin and light design, rumors indicate it will have some compromises compared to iPhone 17 Pro models, including only a single rear camera, a...
iPhone 17 Pro Blue Feature Tighter Crop

iPhone 17 Pro Launching Later This Year With These 13 New Features

Wednesday April 23, 2025 8:31 am PDT by
While the iPhone 17 Pro and iPhone 17 Pro Max are not expected to launch until September, there are already plenty of rumors about the devices. Below, we recap key changes rumored for the iPhone 17 Pro models as of April 2025: Aluminum frame: iPhone 17 Pro models are rumored to have an aluminum frame, whereas the iPhone 15 Pro and iPhone 16 Pro models have a titanium frame, and the iPhone ...
iphone 17 air iphone 16 pro

iPhone 17 Air USB-C Port May Have This Unusual Design Quirk

Wednesday April 30, 2025 3:59 am PDT by
Apple is preparing to launch a dramatically thinner iPhone this September, and if recent leaks are anything to go by, the so-called iPhone 17 Air could boast one of the most radical design shifts in recent years. iPhone 17 Air dummy model alongside iPhone 16 Pro (credit: AppleTrack) At just 5.5mm thick (excluding a slightly raised camera bump), the 6.6-inch iPhone 17 Air is expected to become ...

Top Rated Comments

Glideslope Avatar
53 months ago
Just purge Facebook from this planet.
Score: 39 Votes (Like | Disagree)
ch02ce Avatar
53 months ago
Epic games has a logo - must we see these characters again and again?
Score: 36 Votes (Like | Disagree)
PJWilkin Avatar
53 months ago
If they refuse again, add Zuckerberg to the list
Score: 23 Votes (Like | Disagree)
benshive Avatar
53 months ago
Facebook is just pissed and retaliating because Apple's going to let people decide not to be tracked in an upcoming version of iOS. Not surprising given the company's apparent aversion to respecting their user's privacy and personal data in the slightest.
Score: 21 Votes (Like | Disagree)
TheYayAreaLiving ?️ Avatar
53 months ago
Facebook- you are becoming a joke.

Plan on moving ur whole operation to planet MARS.

Facebook is so useless.
Score: 14 Votes (Like | Disagree)
Ursadorable Avatar
53 months ago
The ONLY good thing that came out of Epic was Unreal and the Unreal Engine. Nothing good has come out of Facebook period. If both companies disappeared tomorrow, I wouldn't shed a tear.
Score: 13 Votes (Like | Disagree)