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A judge has ruled that Apple CEO Tim Cook must give a seven-hour deposition for the upcoming lawsuit against Epic Games. Apple’s offer to summon Samsung in the case on how the Fortnite game is distributed, was also refused.
The ongoing dispute between Epic Games and Apple will go to trial in May 2021, but both sides are preparing by asking for testimony and depositions. In the latest in a series of hearings regarding preparations, a judge rejected Apple’s request that Tim Cook be excused from giving evidence.
According to Law360US Judge Thomas S. Hixson rejected Apple’s legal argument, saying it “limits the length of a testimony, rather than banning it altogether.” He also concluded that Apple’s offer in compromise of the four-hour filing was inadequate because the deal was “less than what we see.”
“[In] these three antitrust actions ”, indicates the conclusion of the court, according to Law360, “The facts of the case go far beyond the historical facts of what happened when. There really isn’t anyone like the CEO of Apple who can attest to how Apple views the competition on these different markets which are at the heart of its business model. “
At the same hearing, Judge Hixson dismissed Apple’s request to subpoena internal documents from Samsung. Noting that Samsung is not a party to the case, the judge called Apple’s request “almost eccentric.”
Apple allegedly argued that the documentation would show how Samsung is distributing “Fortnite,” the Epic Games title at the heart of the dispute.
In August 2020, Epic Games updated “Fortnite” to include a new optional payment method. Apple removed the game from the App Store, citing the requirement that all in-app purchases must go through the store’s payment mechanism.
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