Some not - so - expectant legal news for Apple . For starters , a evaluator has concluded that Apple CEO Tim Cook should sit for a seven - 60 minutes deposition in the upcoming caseful against Epic Games . Second , Apple ’s attempt to subpoena Samsung in the case has also been deny . Womp womp .
According tocourt document , Epic Games wanted to depose Cook for a proposed eight hour . Apple then tried to cite theapex doctrine , which in a nutshell prevents a eminent - degree corporate employee from being deposed . Or , you know , zero hours . Apple late offereda concession of four hour . concord to Judge Thomas S. Hixon , however , “ this contravention is less than meets the eye . ” Hixon publish that the apex doctrine “ limits the length of a deposition , rather than barring it altogether , ” and that given the circumstances , the dispute is a question of whether Cook should be force out for “ four hours , eight hour , or some length of clock time in between . ” Hence , Hixon ’s opinion that Cook should be deposed for seven minute .
https://gizmodo.com/well-well-well-tim-cook-and-craig-federighi-must-tes-1845906295
Photo: Drew Angerer (Getty Images)
As for where Hixon got seven hour from , the judge pen it ’s the default option rule for “ how long a witness must lose being swear . ” Hixon also argue that the apex doctrine focuses on whether a witness has a “ unique , non - repetitive knowledge of the facts of the case . ” When it occur to Apple ’s app store policies — which are at the centre of this apparently never - finish case against Epic — Hixon write “ there is really no one like Apple ’s CEO who can prove about how Apple view competition in these various grocery store that are core to its business model . ”
On the smart side for Cook , Judge Hixon did say that a “ deposit of foresighted than seven hours is unjustified . ”
Another blow is Judge Hixon refuse Apple ’s request to subpoena interior written document from Samsung . Given that Samsung is n’t even affect in Apple and Epic ’s beef cattle , Hixon characterized the asking as “ a quirky deep dive ” into Samsung ’s relationship with Epic . As for why Apple made the request in the first topographic point , the company allege that those documents would demonstrate that its App Store ’s recitation are pretty much the same as everyone else ’s . Or put just , from Apple ’s percentage point of perspective , Epic Games ca n’t make a convincing antitrust disputation if it can prove that Samsung made similar decisions in how it distributes Epic ’s Fortnite .
However , Hixon argues that because Epic Games is a Pretty Big Company , whatever arrangement it has with Samsung is unique and “ can not service as a stand - in for some heavy category of marketplace participants . ”
It ’s hard to say these two rulings are “ victory ” for Epic , so much as they ’re underage black eye for Apple . Cook could very well be depose for seven hour , but that does n’t warrant the court will side with Epic Games at the remnant of the day . The Samsung denial , however , might forecast poorly for Apple ’s other subpoenas for other third parties , including Sony , Microsoft , Nintendo , and Amazon .
In any case , these are just the late development in the litany of sound tit - for - cheapness betweenApple and Epic Gamessince this retiring summer . A courtroom continuation , you might say , of theludicrous showmanshipthat kick this whole saga off in the first place . As a refresher , in August , Epic introduced direct in - app purchase in Fortnite that hedge Apple ’s 30 % commission for transactions made via the App Store . That lead to Applebooting Fortnitefrom the App Store . In good turn , that led toa spicy videofrom Epic portray Apple as a dystopian dictator . Which again , contribute to Appleterminating Epic Games ’ App Store developer account .
The drama has died down a bit , as the trial is n’t rig to sound off off until May . That said , it ’s fair to assume that the next few calendar month will still see plenty of peaceful - aggressive legal back - and - Forth River as both Epic and Apple endeavor to wring up advantages for their single cases .
Correction , 2025-03-18 , 7:30pm : A previous version of this clause said the trial was beginning in July . It ’s May . We regret the error .
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