Fortnite Dispute Between Apple and Epic Games Won't Have Jury Trial - MacRumorsOpen MenuShow RoundupsShow Forums menuVisit ForumsOpen Sidebar
Skip to Content

Fortnite Dispute Between Apple and Epic Games Won't Have Jury Trial

Apple and Epic Games do not want to have a jury trial in their ongoing legal dispute over Fortnite and Apple's App Store policies, according to a filing submitted to the Northern California court handling the case today.

fortnite apple featured
The two companies said they have met and have agreed that both Epic's claims and Apple's counterclaims should be tried by the court with a bench trial at a date to be determined.

Epic and Apple have met and conferred, and the parties agree that Epic's claims and Apple's counterclaims should be tried by the Court, and not by a jury. Therefore, with Epic's consent, Apple hereby withdraws its demand for a jury trial pursuant to Federal Rule of Civil Procedure 38(d). The parties respectfully request that the case (including any claims and counterclaims) proceed to a bench trial on a schedule determined by the Court.

In a counterclaim against ‌Epic Games‌, Apple had originally asked for a trial by jury, but given that the judge overseeing the court told the two companies that she does not want to try two separate cases, Apple has withdrawn the request.

There was a preliminary injunction hearing between ‌Epic Games‌ and Apple earlier this week, and during that hearing, the judge suggested that a jury trial might be appropriate to ensure a final judgement that's better able to stand up to appeal, but Apple and ‌Epic Games‌ have declined.

During the preliminary hearing, the judge was hard on ‌Epic Games‌, criticizing the company for the way that it initiated the lawsuit. ‌Epic Games‌ in August added a direct payment option in popular iOS game Fortnite, breaking Apple's ‌App Store‌ rules as the payment option skirted in-app purchases.

Apple then pulled the app from the App Store, and ‌Epic Games‌ filed a pre-prepared lawsuit against Apple, leading to a legal dispute that could take years to resolve. At the current time, Fortnite is not available on Apple devices and Epic's developer account has been terminated.

During Monday's hearing, the judge said that Epic was "not forthright" and had made a "calculated decision" to defy Apple's ‌App Store‌ rules. "There are people in the public who consider you guys heroes for what you did, but it's not honest," she said.

With Apple and Epic declining a jury trial, the case could be heard sometime in July 2021, with a specific date set to be determined by the court.

Popular Stories

iPhone 18 Pro Deep Red Feature

iPhone 18 Pro Launching Later This Year With These 12 New Features

Wednesday March 18, 2026 7:39 am PDT by
While the iPhone 18 Pro and iPhone 18 Pro Max are not expected to launch for another six months or so, there are already plenty of rumors about the devices. It was initially reported that the iPhone 18 Pro models would have fully under-screen Face ID, with only a front camera visible in the top-left corner of the screen. However, the latest rumors indicate that only one Face ID component...
ios 26 4 yellow

Here Are Apple's Release Notes for iOS 26.4

Wednesday March 18, 2026 11:56 am PDT by
Apple provided developers and public beta testers with the release candidate versions of iOS 26.4 and iPadOS 26.4, which means we're going to see a public launch as soon as next week. The RC versions of the software include Apple's official release notes, giving us final details on what's included in the update. Apple Music - Playlist Playground (beta) generates a playlist from your...
imac video apple feature

Apple Released Yet Another New Product Today

Friday March 20, 2026 2:39 pm PDT by
Apple has unveiled a whopping nine new products so far this March, including an iPhone 17e, iPad Air models with the M4 chip, MacBook Air models with the M5 chip, MacBook Pro models with M5 Pro and M5 Max chips, the all-new MacBook Neo, an updated Studio Display, a higher-end Studio Display XDR, AirPods Max 2, and Nike Powerbeats Pro 2. iPhone 17e features the same overall design as the...

Top Rated Comments

randyj Avatar
72 months ago
Epic dont know how good they had it.

I tried to sell clothing in a department store years ago. They wanted me to pay for floor space, put all my stuff their on consignment, and then they were going to mark up 100%.
So I had to cover the cost of making the goods, getting them to the store etc, and they made a massive 100% mark up, where I had to cover the cost of goods sold in my share.
And this was to get product in 1 store.

Epic can publish a game and get it in the hands of 1 billion people all over the world, all that distribution handled for them, selling across different currencies etc.

That would have been a dream for anyone only a few years ago.
I have zero sympathy for them.
Score: 58 Votes (Like | Disagree)
nezr Avatar
72 months ago
The Epic Games situation, as summarized by Steve Jobs 10 years ago.

Score: 29 Votes (Like | Disagree)
DoctorTech Avatar
72 months ago
I think this is a good move by both companies. It will be hard enough finding a judge who is competent to understand the issues involved but virtually impossible to find 12 jurors to understand the issues enough to give a proper verdict.
Score: 20 Votes (Like | Disagree)
72 months ago
This is a case which in my opinion a jury would screw up the fair verdict. This is a contractual dispute at the core. It is much better to be decided by a legal mind rather than a jury of non-legal minds.
Score: 15 Votes (Like | Disagree)
michaelsviews Avatar
72 months ago

I think this is a good move by both companies. It will be hard enough finding a judge who is competent to understand the issues involved but virtually impossible to find 12 jurors to understand the issues enough to give a proper verdict.
Granted there's more to it than this, but in short Apples ball park Apples Rules, they obviously have a signed agreement from Epic, Epic BROKE rules Apple caught them gave them 2 weeks to fix, they didn't fix and Apple locked the switch in Off mode.
Score: 14 Votes (Like | Disagree)
Seoras Avatar
72 months ago
Can't wait for Apple's Marketing machine to turn this to their advantage with "Back to School - buy them a machine that doesn't allow Epic Games so they can't play Fortnite instead of studying"
Score: 9 Votes (Like | Disagree)
Related Apple News: Apple Command Center | 2025 Volvo Ex90 Carplay | Chargerlab | Displays | Best Apple Deals