Epic Games wants to depose Craig Federighi and Eddy Cue in Fortnite lawsuit

Apple says it’s being “accomodating”

What you need to know

  • Lawyers for Epic Games have told a court they should be allowed to hold depositions with Apple’s Craig Federighi and Eddy Cue.
  • It would mean the pair would have to give sworn testimony as part of the ongoing legal battle between Epic and Apple.

Lawyers for Epic Games have told a U.S. court they should be allowed to depose both Craig Federighi and Eddy Cue in its ongoing legal battle with Apple.

As reported by Law360, counsel for both sides clashed at a Zoom hearing in the case Tuesday:

During a Zoom hearing, Epic Games’ counsel, Lauren Moskowitz of Cravath Swaine & Moore LLP, told U.S. Magistrate Judge Thomas S. Hixson that Epic Games should be allowed to depose Apple’s senior vice president of software engineering, Craig Federighi, who oversees the development of iOS and macOS, and Eddy Cue, Apple’s senior vice president of internet software and services.

Apple protested the notion on several grounds. Reportedly noting that Apple had been very accomodating of Epic. Apple has reportedly already agreed to 14 witness depositions, some of which can last up to 10 hours. Tim Cook is also already penciled in for a four-hour session.

Apple claims that the call for depositions is not necessary and that the evidence clearly shows they are not needed. Despite this, Epic argued that it was too early in the case to make this judgment, as it had not yet narrowed down the number of witnesses it plans to depose.

The case between Apple and Epic Games will call for trial next year, and parties are currently making preparations for trial by establishing key witnesses and compiling evidence to be used to support their respective cases.

Judge Hixson deferred a decision on the matter but noted that it was up to Apple to prove that there “extraordinary circumstances” that meant the depositions weren’t necessary.

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