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Judge's Ruling in Epic Games/Apple App Store Battle
Entertainment consumer icon Fortnite's pathway back to the App Store is in the hands of the video game developer, a California federal judge decided in the closely watched legal battle over the distribution of app content. Epic Games v. Apple Inc., 4:20-cv-05640. District Judge Yvonne Gonzalez Rogers of the Northern District of California found that "too many unknowns remain" to grant Epic Games' motion for a preliminary injunction forcing Apple to return its products to its App Store. However, District Judge Rogers did enjoin Apple from suspending Epic's affiliates from its developer program and tools.
In August 2020, Apple and Google removed Epic's offerings from its app marketplaces after the gaming company violated their developer licensing agreements by adding an alternative payment option for Fortnite's in-app purchases. Epic's attorneys from Faegre Drinker Biddle & Reath and Cravath, Swaine & Moore filed complaints against the tech giants, arguing that Epic's banishment from the stores was just the latest example of Apple and Google's anticompetitive behavior in the app distribution and in-app payment processing markets.
District Judge Rogers heard Epic Games' argument for a preliminary injunction in a Zoom hearing in September. Judge Rogers said Epic's counsel seemed to have entirely ignored the video game market in its motion for preliminary injunction, sidestepping mobile alternatives such as the Nintendo Switch.
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