It appears that both Apple and Epic Games have finally found at least one piece of common ground. Earlier in the week, we reported on a three hour hearing where Judge Yvonne Gonzales Rogers ruled to have the case moved to a jury trial at some point in the middle of 2021. Now, it appears that will not be the case, as a recent court filing confirms that both sides have agreed to a trial by a judge and not a jury:
“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.”
This would, presumably, be the last legal move before a trial date is set between the two. Unless, of course, there ends up being another few rounds of hissing and spitting at one another via legal documents. The trial itself could be set as early as July of 2021.
