What you need to know
- Epic Games has had a motion to dismiss some of Apple's counterclaims against the company granted.
- Apple is countersuing Epic over claims it breached its contract by enabling a new payment method on Fortnite for iOS.
- A judge has dismissed Apple's claim that Epic's actions were intrinsically wrong, even without a contract.
Epic Games has been granted a motion to dismiss part of Apple's counterclaims against the company in its ongoing antitrust lawsuit.
As noted by Florian Mueller:
#Court throws out #tort-based part of #Apple's counterclaims against #EpicGames https://t.co/4fTiwrEzPe #epic #appstore #ios #antitrust #fortnite #freefortnite #apprising#Court throws out #tort-based part of #Apple's counterclaims against #EpicGames https://t.co/4fTiwrEzPe #epic #appstore #ios #antitrust #fortnite #freefortnite #apprising— Florian Mueller (@FOSSpatents) November 11, 2020November 11, 2020
The case called Tuesday via Zoom, as the eyes of most of the tech industry were on Apple's November event, or the Xbox Series X/S launch. As Mueller notes at Foss Patents:
Mueller notes that the court had always been skeptical of Apple's 'tort-based' arguments and that Apple was likely trying to keep them on the books for a possible appeal.
As noted by Bloomberg, Judge Gonzalez Rogers told Apple's lawyers that this was "a high-stakes breach of contract case and an antitrust case and that's all in my view", further noting Apple couldn't "just say it's independently wrongful."
As Mueller notes, these specific claims from Apple stated that Epic's actions went beyond a breach of contract, and could be considered wrong regardless of whether the two had a contractual agreement. Unconvinced, Judge Gonzalez Rogers tossed the claims, meaning Apple's counterclaim will continue against Epic, limited to whether the Fortnite developer acted in breach of contract. In a statement, Apple said:
Epic sued Apple, over what it claims are anticompetitive practices and a monopoly on iOS app distribution, earlier this year after it enabled a new payment method in Fortnite on iOS in breach of App Store guidelines. The case is set for trial next year.
Stephen Warwick has written about Apple for five years at iMore and previously elsewhere. He covers all of iMore's latest breaking news regarding all of Apple's products and services, both hardware and software. Stephen has interviewed industry experts in a range of fields including finance, litigation, security, and more. He also specializes in curating and reviewing audio hardware and has experience beyond journalism in sound engineering, production, and design.
Before becoming a writer Stephen studied Ancient History at University and also worked at Apple for more than two years. Stephen is also a host on the iMore show, a weekly podcast recorded live that discusses the latest in breaking Apple news, as well as featuring fun trivia about all things Apple. Follow him on Twitter @stephenwarwick9
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