Fortnite Dispute Between Apple and Epic Games Won't Have Jury Trial

Apple and Epic Games do not want to have a jury trial in their ongoing legal dispute over Fortnite and Apple's App Store policies, according to a filing submitted to the Northern California court handling the case today.

fortnite apple featured
The two companies said they have met and have agreed that both Epic's claims and Apple's counterclaims should be tried by the court with a bench trial at a date to be determined.

Epic and Apple have met and conferred, and the parties agree that Epic's claims and Apple's counterclaims should be tried by the Court, and not by a jury. Therefore, with Epic's consent, Apple hereby withdraws its demand for a jury trial pursuant to Federal Rule of Civil Procedure 38(d). The parties respectfully request that the case (including any claims and counterclaims) proceed to a bench trial on a schedule determined by the Court.

In a counterclaim against ‌Epic Games‌, Apple had originally asked for a trial by jury, but given that the judge overseeing the court told the two companies that she does not want to try two separate cases, Apple has withdrawn the request.

There was a preliminary injunction hearing between ‌Epic Games‌ and Apple earlier this week, and during that hearing, the judge suggested that a jury trial might be appropriate to ensure a final judgement that's better able to stand up to appeal, but Apple and ‌Epic Games‌ have declined.

During the preliminary hearing, the judge was hard on ‌Epic Games‌, criticizing the company for the way that it initiated the lawsuit. ‌Epic Games‌ in August added a direct payment option in popular iOS game Fortnite, breaking Apple's ‌App Store‌ rules as the payment option skirted in-app purchases.

Apple then pulled the app from the App Store, and ‌Epic Games‌ filed a pre-prepared lawsuit against Apple, leading to a legal dispute that could take years to resolve. At the current time, Fortnite is not available on Apple devices and Epic's developer account has been terminated.

During Monday's hearing, the judge said that Epic was "not forthright" and had made a "calculated decision" to defy Apple's ‌App Store‌ rules. "There are people in the public who consider you guys heroes for what you did, but it's not honest," she said.

With Apple and Epic declining a jury trial, the case could be heard sometime in July 2021, with a specific date set to be determined by the court.

Popular Stories

iPhone 17 Pro 3 4ths Perspective Aluminum Camera Module 1

iPhone 17 Pro Launching Later This Year With These 12 New Features

Sunday April 13, 2025 7:52 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 ...
Apple 2025 Thumb 1

10 Products Still Coming From Apple in 2025

Friday April 11, 2025 4:14 pm PDT by
Apple may have updated several iPads and Macs late last year and early this year, but there are still multiple new devices that we're looking forward to seeing in 2025. Most will come in September or October, but there could be a few surprises before then. We've rounded up a list of everything that we're still waiting to see from Apple in 2025. iPhone 17, 17 Air, and 17 Pro - We get...
iOS 18 Siri Personal Context

Report Reveals Internal Chaos Behind Apple's Siri Failure

Thursday April 10, 2025 7:15 am PDT by
A new report from The Information today reveals much of the internal turmoil behind Apple Intelligence's revamped version of Siri. Apple apparently weighed up multiple options for the backend of Apple Intelligence. One initial idea was to build both small and large language models, dubbed "Mini Mouse" and "Mighty Mouse," to run locally on iPhones and in the cloud, respectively. Siri's...
M6 MacBook Pro Feature 1

Waiting for the Perfect MacBook Pro? 2026 Might Be the Year

Thursday April 10, 2025 4:19 am PDT by
Apple in October 2024 overhauled its 14-inch and 16-inch MacBook Pro models, adding M4, M4 Pro, and M4 Max chips, Thunderbolt 5 ports on higher-end models, display changes, and more. That's quite a lot of updates in one go, but if you think this means a further major refresh for the MacBook Pro is now several years away, think again. Bloomberg's Mark Gurman has said he expects only a small...
maxresdefault

The MacRumors Show: New iOS 19, iPhone 17, and Apple Watch Ultra 3 Leaks

Friday April 11, 2025 7:13 am PDT by
On this week's episode of The MacRumors Show, we catch up on the latest iOS 19 and watchOS 12 rumors, upcoming devices, and more. Subscribe to The MacRumors Show YouTube channel for more videos Detailed new renders from leaker Jon Prosser claim to provide the best look yet at the complete redesign rumored to arrive in iOS 19, showing more rounded elements, lighting effects, translucency, and...
iPad Pro iPadOS

iPadOS 19 Will Be 'More Like macOS' in Three Ways

Sunday April 13, 2025 6:43 am PDT by
A common complaint about the iPad Pro is that the iPadOS software platform fails to fully take advantage of the device's powerful hardware. That could soon change. Bloomberg's Mark Gurman today said that iPadOS 19 will be "more like macOS." Gurman said that iPadOS 19 will be "more like a Mac" in three ways:Improved productivity Improved multitasking Improved app window management...
Foldable iPhone 2023 Feature Homescreen

Foldable iPhone Resolutions Leak With Under-Screen Camera Tipped

Monday April 14, 2025 3:12 am PDT by
Apple's upcoming foldable iPhone (or "iPhone Fold") will feature two screens as part of its book-style design, and a Chinese leaker claims to know the resolutions for both of them. According to the Weibo-based account Digital Chat Station, the inner display, which is approximately 7.76 inches, will use a 2,713 x 1,920 resolution and feature "under-screen camera technology." Meanwhile, the...
Apple Vision Pro with battery Feature Blue Magenta

Vision Pro 2 Rumored to Have Two Key Advantages Over Current Model

Sunday April 13, 2025 7:15 am PDT by
Apple is working on a new version of the Vision Pro with two key advantages over the current model, according to Bloomberg's Mark Gurman. Specifically, in his Power On newsletter today, Gurman said Apple is developing a new headset that is both lighter and less expensive than the current Vision Pro, which starts at $3,499 in the U.S. and weighs up to 1.5 pounds. Gurman said Apple is also...
apple intelligence black

NYT: Apple's AI Struggles Began with 2023 Chip Budget Dispute

Friday April 11, 2025 4:33 am PDT by
Apple's current struggles with Apple Intelligence and Siri began in early 2023 when AI head John Giannandrea sought approval from CEO Tim Cook to purchase more AI chips for development, according to a new report from The New York Times. Cook initially approved doubling the team's chip budget, but CFO Luca Maestri reportedly reduced the increase to less than half that amount, and instead...

Top Rated Comments

randyj Avatar
59 months ago
Epic dont know how good they had it.

I tried to sell clothing in a department store years ago. They wanted me to pay for floor space, put all my stuff their on consignment, and then they were going to mark up 100%.
So I had to cover the cost of making the goods, getting them to the store etc, and they made a massive 100% mark up, where I had to cover the cost of goods sold in my share.
And this was to get product in 1 store.

Epic can publish a game and get it in the hands of 1 billion people all over the world, all that distribution handled for them, selling across different currencies etc.

That would have been a dream for anyone only a few years ago.
I have zero sympathy for them.
Score: 58 Votes (Like | Disagree)
nezr Avatar
59 months ago
The Epic Games situation, as summarized by Steve Jobs 10 years ago.

Score: 29 Votes (Like | Disagree)
DoctorTech Avatar
59 months ago
I think this is a good move by both companies. It will be hard enough finding a judge who is competent to understand the issues involved but virtually impossible to find 12 jurors to understand the issues enough to give a proper verdict.
Score: 20 Votes (Like | Disagree)
FireFish Avatar
59 months ago
This is a case which in my opinion a jury would screw up the fair verdict. This is a contractual dispute at the core. It is much better to be decided by a legal mind rather than a jury of non-legal minds.
Score: 15 Votes (Like | Disagree)
michaelsviews Avatar
59 months ago

I think this is a good move by both companies. It will be hard enough finding a judge who is competent to understand the issues involved but virtually impossible to find 12 jurors to understand the issues enough to give a proper verdict.
Granted there's more to it than this, but in short Apples ball park Apples Rules, they obviously have a signed agreement from Epic, Epic BROKE rules Apple caught them gave them 2 weeks to fix, they didn't fix and Apple locked the switch in Off mode.
Score: 14 Votes (Like | Disagree)
Seoras Avatar
59 months ago
Can't wait for Apple's Marketing machine to turn this to their advantage with "Back to School - buy them a machine that doesn't allow Epic Games so they can't play Fortnite instead of studying"
Score: 9 Votes (Like | Disagree)