The latest development in the ongoing lawsuit between Epic Games and Apple over the iPhone maker’s App Store policies and the removal of the iOS version of Fortnite is a new order from Judge Thomas Hixson that sets out rules for Apple CEO Tim Cook and software engineering chief Craig Federighi’s testimony in the case. The court order was spotted by Thursday I more and Apple Insider, gives us a first glimpse of how Apple’s executive leadership may be involved in the ongoing antitrust lawsuit, which is scheduled to be tried as early as July next year.
The warrant, issued Wednesday after a Dec. 15 hearing, says Apple cannot limit Cook’s testimony to four hours, as the company had requested. Only after Apple provides the necessary documents requested by Epic’s attorneys regarding the activities of the App Store can the length of the testimonial be determined, the order says. Hixon also shot down a request from Apple to replace Federighi with one of his lieutenants, Erik Neuenschwander.
The court rules on plaintiffs and orders Apple to make Federighi the custodian of documents instead of Neuenschwander. First, plaintiffs have shown that Federighi is a higher-level decision-maker whose documents likely go to the heart of Apple’s defense of corporate justification, ”the warrant read. Second, if plaintiffs have guessed wrong, and Federighi’s documents are not as pertinent as Neuenschwander’s, that hurts the plaintiffs. Assuming the requests are relevant and proportional, it is up to the plaintiffs to decide which discovery they want to make to prove their claims, and if they make bad choices, that’s their problem. ”
The case is still in its preliminary stages, and much of the public criticism from Apple and Epic that erupted in August has calmed down as attorneys on both sides have begun preparing for the next stages of the lawsuit. An upcoming deadline for new submissions has been set for January 6, 2021 with a hearing two days later.