The slow-moving colossus of the legal fight between Epic Games vs. Apple (and Google, lest we forget) has seen yet another ponderous step forward. Judge Yvonne Gonzalez Rogers has tossed out parts of Apple’s counter-suit against Epic Games, specifically the parts that claimed theft along with any hopes that Apple would see restitution in that matter.
According to Judge Gonzalez Rogers, this effectively is cutting the fat from the overlying issue of the original case. “This is a high-stakes breach of contract case and an antitrust case and that’s all in my view,” the judge said to Apple’s lawyers in a hearing on Tuesday. “You can’t just say it’s independently wrongful. You actually have to have facts.”
Naturally, Apple disagrees with the judge’s decision, writing in a statement that Epic’s “reckless behavior made pawns of customers, and we look forward to making it right for them in court next May.” That, of course, is when the whole case is set to go to a bench trial.