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The Fortnite dispute between Apple and Epic Games will not have a 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 filed with the Northern California court handling the case today.


The two companies said they met and agreed that both Epic’s claims and Apple’s counterclaims should be tried by the court in 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 a jury. Therefore, with Epic’s consent, Apple withdraws its request for a jury trial under Federal Rule of Civil Procedure 38 (d). The parties respectfully request that the case (including any claims and counterclaims) proceed to a bench trial according to a schedule set by the Court.

In a counterclaim against “Epic Games”, Apple initially asked for a jury trial, but since the judge overseeing the court had told the two companies that he didn’t want to try two separate cases, Apple withdrew the request.

Earlier this week there was a preliminary injunction hearing between ‌Epic Games‌ and Apple and during the hearing, the judge suggested that a jury trial might be appropriate to ensure a final judgment that is able to resist. better on appeal, but refused.

During the preliminary hearing, the judge was harsh on ‌Epic Games‌, criticizing the company for the way it started the lawsuit. ‌Epic Games‌ in August added a direct payment option to the popular iOS game Fortnite, breaking Apple’s ‌App Store‌ rules as the payment option avoided in-app purchases.

Apple then withdrew the app from the App Store and ‌Epic Games‌ filed a preliminary lawsuit against Apple, leading to a legal dispute that could take years to resolve. At the moment, Fortnite is not available on Apple devices and Epic’s developer account has been closed.

During Monday’s hearing, the judge said Epic “was not outspoken” and had made a “calculated decision” to challenge Apple’s “App Store” rules. “There are people in public who consider you heroes for what you have done, but that’s not honest,” he said.

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


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