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that the judge overseeing the court told the two companies that she does not want to try two separate cases, Apple has withdrawn the request.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

New Things Your iPhone Can Do in iOS 18

20 New Things Your iPhone Can Do in iOS 18.2

Monday December 16, 2024 8:55 am PST by
Apple released iOS 18.2 in the second week of December, bringing the second round of Apple Intelligence features to iPhone 15 Pro and iPhone 16 models. This update brings several major advancements to Apple's AI integration, including completely new image generation tools and a range of Visual Intelligence-based enhancements. Apple has added a handful of new non-AI related feature controls as...
iphone 16 apple intelligence

Apple Drops Plans for iPhone Hardware Subscription Service

Wednesday December 18, 2024 11:39 am PST by
Apple is no longer planning to launch a hardware subscription service that would let customers "subscribe" to get a new iPhone each year, reports Bloomberg's Mark Gurman. Gurman first shared rumors about Apple's work on a hardware subscription service back in 2022, and at the time, he said that Apple wanted to develop a simple system that would allow customers to pay a monthly fee to gain...
iPhone 17 Pro Dual Tone Feature 1

iPhone 17 Pro Rumored to Stick With 'Triangular' Camera Design

Wednesday December 18, 2024 2:36 am PST by
Contrary to recent reports, the iPhone 17 Pro will not feature a horizontal camera layout, according to the leaker known as "Instant Digital." In a new post on Weibo, the leaker said that a source has confirmed that while the appearance of the back of the iPhone 17 Pro has indeed changed, the layout of the three cameras is "still triangular," rather than the "horizontal bar spread on the...
elevation lab airtag battery

Your AirTag's Battery Will Last for Up to 10 Years With Elevation Lab's New TimeCapsule Enclosure

Wednesday December 18, 2024 10:05 am PST by
Elevation Lab today announced the launch of TimeCapsule, an innovative and simple solution for increasing the battery life of Apple's AirTag. Priced at $20, TimeCapsule is an AirTag enclosure that houses two AA batteries that offer 14x more battery capacity than the CR2032 battery that the AirTag runs on. It works by attaching the AirTag's upper housing to the built-in custom contact in the...
apple tv 4k yellow bg feature

New Apple TV Rumored to Launch Next Year With These Features

Tuesday December 17, 2024 9:02 am PST by
The current Apple TV 4K was released more than two years ago, so the streaming device is becoming due for a hardware upgrade soon. Fortunately, it was recently rumored that a new Apple TV will launch at some point next year. Below, we recap rumors about the next-generation Apple TV. Bloomberg's Mark Gurman last week reported that Apple has been working on its own combined Wi-Fi and...
blackmagic vision pro

Blackmagic Debuts $30K 3D Camera for Capturing Video for Vision Pro

Monday December 16, 2024 4:17 pm PST by
Blackmagic today announced that its URSA Cine Immersive camera is now available for pre-order, with deliveries set to start late in the first quarter of 2025. Blackmagic says that this is the world's first commercial camera system designed to capture 3D content for the Vision Pro. The URSA Cine Immersive camera was first introduced in June, but it has not been available for purchase until...
mac pro creativity

Apple Launched the Controversial 'Trashcan' Mac Pro 11 Years Ago Today

Thursday December 19, 2024 7:00 pm PST by
Apple launched the controversial "trashcan" Mac Pro eleven years ago today, introducing one of its most criticized designs that persisted through a period of widespread discontentment with the Mac lineup. The redesign took the Mac Pro in an entirely new direction, spearheaded by a polished aluminum cylindrical design that became unofficially dubbed the "trashcan" in the Mac community. All of ...
iPhone 17 Slim Feature

'iPhone 17 Air' With 'Major' Design Changes and 19-Inch MacBook Detailed in New Report

Sunday December 15, 2024 9:47 am PST by
Apple is planning a series of "major design" and "format changes" for iPhones over the next few years, according to The Wall Street Journal's Aaron Tilley and Yang Jie. The paywalled report published today corroborated the widely-rumored "iPhone 17 Air" with an "ultrathin" design that is thinner than current iPhone models. The report did not mention a specific measurement, but previous...

Top Rated Comments

randyj Avatar
55 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
55 months ago
The Epic Games situation, as summarized by Steve Jobs 10 years ago.

Score: 29 Votes (Like | Disagree)
DoctorTech Avatar
55 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
55 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
55 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
55 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)