The Fortnite saga to continue before a jury in July 2021 as the judge suggests public opinion is important in Apple and Epic's legal battle.
The judge at the center of Apple and Epic's legal battle suggested public opinion plays an important role in the continuing Fortnite saga, leading her to think the matter is best left for a jury to decide. Judge Yvonne Gonzalez Rogers of the US District Court for the Northern District of California penciled-in July of 2021 as the schedule for a July bench trial, proposing that regular people should weigh in on the issues as a jury.
Judge Rogers' bench trial scheduling and proposal for a jury trial happened Monday morning during a scheduled virtual hearing on the Fortnite saga. Rogers opined that while a judge or a group of judges can handle the issues in Apple and Epic Games' legal battle, it is better if it goes through a jury trial in July of 2021. "They are important cases on the frontier of anti-trust law," Judge Rogers said.
She also pointed out that the opinions of federal judges may not be as useful as that of the public, particularly in important matters like the issues raised in Apple and Epic Games' legal battle. "It is important enough to understand what real people think. Do these security issues concern people, or not?" Judge Rogers asked. There are early indications that Epic Games does not want a jury trial in the continuing Fortnite saga, with the company's lawyers hoping for a bench trial in July of 2021.
The timetable in the Fortnite saga also includes a deadline set for January 6 for the submission of data for the trial, which the judge says is going to happen in July of 2021. Monday's hearing also offered a preview of what the potential trial in Apple and Epic Games' legal battle could look like. Observers say that based on the deliberations in the hearing, it seems that Epic is in for a rough ride. Aside from the judge suggesting a jury trial next year, she appeared to admonish Epic on several key points.
The discussions in the two-hour hearing of the continuing Fortnite saga focused on arguments raised by both parties, which include reports from experts. Judge Rogers repeatedly underscored that the Apple and Epic legal battle was the game developer's own doing, at times when its lawyers insisted there was harm. Before expressing her wish to for a jury trial in July of 2021, the judge stated that in her opinion, Epic forced the Cupertino tech giant's hand in the matter.
A federal judge presiding over a high-stakes antitrust lawsuit between Apple and Epic Games repeatedly slammed Epic on its legal theories and tactics in the company's case against the iOS App Store, a court battle that could reshape the digital economy https://t.co/U6N9eB2Reg — CNN (@CNN) September 29, 2020
The judge also highlighted the peculiarity of Epic's argument in the Fortnite saga that Apple cannot compare smartphones to a game console because of size differences. During Monday's hearing of the ongoing Apple and Epic legal battle where Rogers scheduled a bench trial on July of 2021 but at the same time expressed preference of a jury trial, the judge referenced the size of the Nintendo Switch gaming console, which is only more than one inch longer than the iPhone 11 Pro.
