Apple and Epic Games lawyers are continuing to plan for their mountain trial on May 3, and at a preparatory conference held today, the presiding judge said that presence will be limited due to the ongoing global health crisis (via Lagh360).
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U.S. District Judge Yvonne Gonzalez Rogers has been planning for a personal lawsuit because she believes the case is important enough that the court should hear it in person. It has also been previously stated that Apple and Epic Games witnesses in the case are less likely to lie when brought into a corporate courtroom.
COVID-19 cases are falling in the San Francisco Bay Area and people are getting vaccinated, which means courtrooms will be able to open. Whether or not attendees received the vaccine, masks will be required.
Epic Games and Apple will each be limited to six in the courtroom at one time, and the media and public will not be able to attend in person, but live audio will be provided. All witnesses taking evidence will be given a clear mask so that the judge can see answers clearly, and legal teams will be able to wear wireless microphones so that they can be easily heard.
It may be possible to use unused rooms in the courthouse for legal team meetings, but Gonzalez Rogers suggested that Apple and Epic Games rent space from the courthouse in case of need.
The trial is set to begin on May 3, with both sides having 45 hours to present their case. Each side is also allowed to submit 100,000 words that can be shared among experts for reports, and the deadline for exchange reports is April 27th.
Apple and Epic Games are expected to call several high-profile witnesses. Apple CEO Tim Cook, Apple Fellow Phil Schiller, and Apple’s Senior Vice President in Software Engineering Craig Federighi will all be in attendance to defend the company’s App Store practices.
Cook will be examined directly for one hour, with an hour-long cross-examination also included. Federighi testifies for two hours with an hour-long cross-examination, and Schiller, who heads the App Store, testifies for a total of 10 hours. Apple said last week that its senior executives are keen to share the impact the App Store has had on economies around the world.
Our senior officials look forward to sharing with the court the tremendous impact that App Store has had on innovation, economies around the world and consumer experience. -use over the past 12 years. We feel confident that the case will prove that Epic broke its contract only to increase its revenue, which is what removed them from the App Store. In doing so, Epic circumvented the security features of the App Store in a way that would minimize competition and jeopardize the privacy and security of user data.
Epic Games witnesses include Epic Games CEO Tim Sweeney and other Epic employees, while third-party witnesses include officials from Facebook, Microsoft, Nvidia. Epic Games also plans to call on iTunes boss Eddy Cue and former iOS software chief Scott Forstall, who was involved in the launch of App Store.
Apple lawyers said today that all witnesses will give only one witness in person, and Epic also expects the majority of their witnesses to appear in person.
The May 3 trial will focus on Epic’s claim that “Apple is a behemoth that seeks to control markets, curb competition, and stifle innovation by “App Store developers “employ anti-competitive restrictions” and employ “monopolistic practices in markets.” Epic Games’s most popular title, Fortnite, has been out of the App Store for months now as both companies are awaiting trial.
Epic Games intends to argue that Apple’s 30 percent cut from apps is “oppressive,” as is the rule that requires developers to use in-app purchases. Apple recently lowered the 30 percent to 15 percent commission rate for developers making less than $ 1 million in a particular calendar year, but this doesn’t apply to major developers like Epic Games.
Apple will argue that its App Store pricing is moderately good and in line with other competing software markets, and that its App Store policies offer significant consumer protections.
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