A new development in the legal battle between Epic Games and Apple is that the developer is trying to seek testimony from former SVP of iOS Scott Forstall. However, there seems to be a problem locating Forstall who left Apple in 2013 due to a bungled early launch of Apple Maps.
Scott Forstall is best known for leading the original software development team for the iPhone and iPad, he was the senior vice president of iOS Software at Apple from 2007 until October 2012.
The dispute between Epic Games and Apple began when the developer released a controversial direct payment update of the Fortnite app iOS and Andriod which allowed players to get discounted in-app purchases. Since this went against Apple’s 30% commission rule, it blocked Fornite from the App Store. Following this development, Epic filed lawsuits against Apple and Google, and now it’s preparing for the settlement of the case via jury trial in July.
Epic Games trying to locate former iOS Chief Scott Forstall for its case against Apple
According to court documents, on December 15, 2020, the Cupertino tech giant offered to depose and later represent Forstall. However, Epic alleges that the tech giant is now stating it never offered the deposition.
“Apple now states that it never suggested it could compel Mr. Forstall to appear for a deposition, but that is a red herring; Apple never indicated that compulsion would be necessary and so, based on Apple’s representation, Epic did not seek to locate, contact or compel Mr. Forstall to appear for a deposition. For well over a month, Apple kept promising it would provide a date for Mr. Forstall’s deposition but did not. Then, on February 5, 2021—just ten days before the end of fact discovery—Apple revealed that Mr. Forstall had not responded to Apple’s inquiries or confirmed that he will appear for a deposition, which was then tentatively scheduled for February 11.”
In response to Epic, Apple said it never said it could compel him to attend a deposition. The tech giant says both parties are working to resolve the issue and Apple has tried cooperating with the developer by providing it with Forstall’s PO box.
“When Epic requested that Apple provide Mr. Forstall’s last known address and contact information, Apple initially provided a PO box and a Twitter handle. Apple also represented that it was not authorized to share Mr. Forstall’s phone number, but later stated that it did not believe that it was in possession of Mr. Forstall’s current phone number.”
Epic now has until March 10 to locate Forstall and request a deposition. Apple CEO Tim Cook and SVP of Software Engineering Craig Federighi are set to testify for a deposition. A court hearing is set for July 2021 for a jury trial.
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