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Apple is seeking to claw back documents it inadvertently sent to Epic Games as part of its pre-trial discovery.
The company says that three documents discussing Apple s Small Business Program are in fact privileged.
Filings show Apple discussed various SBP risks including competition and money laundering.
Apple is desperately trying to claw back emails it inadvertently sent to Epic Games as part of its pre-trial discovery for its upcoming antitrust lawsuit against the Fortnite-Maker.
Court documents submitted Tuesday and Wednesday note that parties are in disagreement over three emails between Apple executives reflecting their planning and evaluation of the Small Business Program announced in late 2020.
The court dealing with the May 3 Apple and Epic trial over App Store rules has used a motion denial to remind the two sides that the trial is meant for measured consideration of evidence, not surprises.
In the filing published on Monday in the United States District Court for the Northern District of California, Judge Yvonne Gonzalez Rogers denies a motion by Apple to prevent Epic from allowing certain third-party witnesses from taking part in the Apple-Epic trial.
Apple motioned to the court to exclude three third-party witnesses for Epic, namely Vivek Sharma of Facebook, Microsoft s Lori Wright, and Benjamin Simon of Yoga Buddhi. Apple reckoned that Epic violated rules for failing to disclose the witnesses as individuals, as it had instead listed their employers.
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Australia suspends Apple-Epic case as battle shifts to US
By IANS |
Published on
Sun, Apr 11 2021 10:18 IST |
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Apple. (File Photo: IANS). Image Source: IANS News
San Francisco/Sydney, April 11 : As Apple and Fortnite developer Epic Games continue to battle in the US, an Australian judge has ruled that Epics lawsuit against Apple in Australia will be temporarily suspended.
According to Gizmodo Australia, Apple had asked for a permanent stay of the case in Australia, arguing that the US and Australia cases were very similar.
Justice Nye Perram has ordered that the case be temporarily stayed for a period of three months.
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The lawsuit between Epic and Apple over the latter s control of the iOS App Store is sure to reveal plenty of interesting pieces of information about how the two companies operate. As a reminder, Epic is suing Apple because the iPhone-maker kicked Fortnite (which is made by Epic) out of the App Store when the game added its own in-app purchase feature last summer.
Epic alleges that Apple is engaging in anti-competitive practices because it has a monopoly over the market for app distribution on iPhones. Apple s position is that Epic violated the guidelines it agreed to and that Fortnite can return if it simply rolls back the change.