The two companies said they had met and agreed that both Epic’s claims and Apple’s defendants should be tried with a bench trial on a date set by the court.
Epic and Apple met and honored, and the parties agree that Epic’s claims and Apple’s defendants 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 for the 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 set by the court.
In a counterclaim against IcEpic Games, Apple originally asked for a trial by jury, but noting that the judge overseeing the court told the two companies that she did not want to try two separate cases , Apple has withdrawn the request.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 may be appropriate to ensure a final decision that would be preferable to appeal, but Apple and Epic Games refused.
During the preliminary hearing, the judge was strict on the pick games, criticizing the company for prosecuting in this way. In August Epic Games added a direct payment option to the popular iOS game Fortnite, breaking Apple’s StoreApp Store rules as payment options reduced in-app purchases.
Apple then pulled the app from the App Store, and Epic Games filed a pre-drawn lawsuit against Apple, which could take years to resolve a legal dispute. Currently, Fortnite is not available on Apple devices and Epic’s developer account has been terminated.
During Monday’s hearing, the judge said Epic was “not quite right” and had taken a “calculated” decision to defy Apple’s ‘App Store’ rules. He said, “There are people in public who consider you a hero for what you did, but it is not honest.”
With Apple and Epic declining the jury trial, the case may be heard in July 2021, with a specific date set by the court.