Epic Games and Apple met (virtually) in court for this first time earlier this week. That brought with it the possibility of a full-blown jury trial in 2021. However, in a rare example of the two sides agreeing, they decided on Tuesday to move away from that. Instead, they said the case should be heard in Court, but not a jury.
Apple and Epic Games Actually Agree on Something
A filing from Apple (kindly uploaded to Scribd by AppleInsider‘s Mikey Campbell), said:
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,” Apple’s attorneys wrote in the document. Although the Court hearing is set to take place in July 2021, there is a lot that could still happen before then.