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Epic and Apple don't want  Fortnite  dispute settled by a jury

Epic and Apple don't want Fortnite dispute settled by a jury

September 30, 2020 | By Chris Kerr

The legal dispute between Apple and Epic Games will be settled by a judge if both companies get their way, with the warring pair keen to avoid a jury trial.

Earlier this week, Judge Yvonne Gonzalez Rogers suggested the case should be put before a jury, and talked about the importance of "understanding what real people think."

Since then, however, both Epic and Apple have discussed the matter, and have agreed the case should be "tried by the Court, and not by a jury."

Both companies outlined their position in a filing submitted to the Northern California court handling the case, spotted by MacRumors, and seem to have finally found some common ground.

"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," reads the filing. 

"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."

As it stands, Rogers has found that Apple is well within its rights to ban Fortnite from the App Store, and is estimating the case as a whole will be heard in July 2021.

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