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

Apple iPhone 16e Feature

Apple Announces iPhone 16e With A18 Chip and Apple Intelligence, Pricing Starts at $599

Wednesday February 19, 2025 8:02 am PST by
Apple today introduced the iPhone 16e, its newest entry-level smartphone. The device succeeds the third-generation iPhone SE, which has now been discontinued. The iPhone 16e features a larger 6.1-inch OLED display, up from a 4.7-inch LCD on the iPhone SE. The display has a notch for Face ID, and this means that Apple no longer sells any iPhones with a Touch ID fingerprint button, marking the ...
iphone 17 pro asherdipps

iPhone 17 Pro Models Rumored to Feature Aluminum Frame Instead of Titanium Frame

Tuesday February 18, 2025 12:02 pm PST by
Over the years, Apple has switched from an aluminum frame to a stainless steel frame to a titanium frame for its highest-end iPhones. And now, it has been rumored that Apple will go back to using aluminum for three out of four iPhone 17 models. In an investor note with research firm GF Securities, obtained by MacRumors this week, Apple supply chain analyst Jeff Pu said the iPhone 17, iPhone...
apple launch feb 2025 alt

Here Are the New Apple Products We're Still Expecting This Spring

Thursday February 20, 2025 5:06 am PST by
Now that Apple has announced its new more affordable iPhone 16e, our thoughts turn to what else we are expecting from the company this spring. There are three product categories that we are definitely expecting to get upgraded before spring has ended. Keep reading to learn what they are. If we're lucky, Apple might make a surprise announcement about a completely new product category. M4...
Generic iOS 18

Here's When Apple Will Release iOS 18.4

Wednesday February 19, 2025 11:38 am PST by
Following the launch of the iPhone 16e, Apple updated its iOS 18, iPadOS 18, and macOS Sequoia pages to give a narrower timeline on when the next updates are set to launch. All three pages now state that new Apple Intelligence features and languages will launch in early April, an update from the more broader April timeframe that Apple provided before. The next major point updates will be iOS ...
apple launch feb 2025

Tim Cook Teases an 'Apple Launch' Next Wednesday

Thursday February 13, 2025 8:07 am PST by
In a social media post today, Apple CEO Tim Cook teased an upcoming "launch" of some kind scheduled for Wednesday, February 19. "Get ready to meet the newest member of the family," he said, with an #AppleLaunch hashtag. The post includes a short video with an animated Apple logo inside a circle. Cook did not provide an exact time for the launch, or share any other specific details, so...
apple c1

Apple Unveils 'C1' as First Custom Cellular Modem

Wednesday February 19, 2025 8:08 am PST by
Apple today announced its first custom cellular modem with the name "C1," debuting in the all-new iPhone 16e. The new modem contributes to the iPhone 16e's power efficiency, giving it the longest battery life of any iPhone with a 6.1-inch display, such as the iPhone 15 and iPhone 16. Expanding the benefits of Apple silicon, C1 is the first modem designed by Apple and the most...
Apple Northbrook

Apple Store Permanently Closing at Struggling Mall in Chicago Area

Tuesday February 18, 2025 8:46 pm PST by
Apple is permanently closing its retail store at the Northbrook Court shopping mall in the Chicago area. The company confirmed the upcoming closure today in a statement, but it has yet to provide a closing date for the location. Apple Northbrook opened in 2005, and the store moved to a larger space in the mall in 2017. Apple confirmed that affected employees will continue to work for the...

Top Rated Comments

Glideslope Avatar
51 months ago
Just purge Facebook from this planet.
Score: 39 Votes (Like | Disagree)
ch02ce Avatar
51 months ago
Epic games has a logo - must we see these characters again and again?
Score: 36 Votes (Like | Disagree)
PJWilkin Avatar
51 months ago
If they refuse again, add Zuckerberg to the list
Score: 23 Votes (Like | Disagree)
benshive Avatar
51 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
51 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
51 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)