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Apple and Epic Games can't contact former iOS executive to testify

96% reliable
6 mins
  • This follows the lawsuit that Epic Games launched in October 2020 against Apple.
  • Epic has a deadline of March 10 for pre-trial depositions or it will lose the right to question him.
  • Apple states that it’s not reasonable for Epic to be granted unlimited time to make contact with Forstall.

Scott Forstall was the Senior Vice President (SVP) of iOS at Apple until he ‘involuntarily’ resigned in the fall of 2012 in the aftermath of Apple Maps’ disappointing release. But now, Apple and Epic Games are struggling to find him to testify.

This follows the lawsuit that Epic Games opened up against Apple that was announced on October 7. What is the lawsuit about? Epic Games introduced an update to Fortnite on iOS. This update gave players the option to purchase V-Bucks (the game’s virtual currency) directly through Epic Games themselves instead of going through the App Store on iOS devices thus avoiding paying Apple their 30% fee on in-app purchase.

From FOSS Patents:

Scott Forstall “involuntarily” resigned as senior vice president (SVP) of iOS software in the fall of 2012. Since then, he’s kept a very low profile. Based on his past responsibilities for iOS, Epic Games would very much like to ask him some questions […]

Mr. Forstall’s testimony would be used in a couple of months when the big Epic Games v. Apple App Store antitrust case goes to trial in Oakland (Northern District of California). According to Epic, Apple initially sounded like they were fine with Mr. Forstall testifying, and that they would take care of the logistics. But, according to Epic, “Apple now states that it never suggested it could compel Mr. Forstall to appear for a deposition,” after “promising [for well over a month] it would provide a date for Mr. Forstall’s deposition.” At some point, a deposition had been tentatively scheduled (for February 11), but the week before, “Apple revealed that Mr. Forstall had not responded to Apple’s inquiries or confirmed that he will appear for a deposition.” And the story goes on like this:

When Epic requested that Apple provide Mr. Forstall’s last known address and contact information, Apple initially provided a PO box and a Twitter handle. Apple also represented that it was not authorized to share Mr. Forstall’s phone number, but later stated that it did not believe that it was in possession of Mr. Forstall’s current phone number. — Foss Patents reports.

However, if Epic cannot contact Mr Forstall by the March 10 deadline for pre-trial depositions, the company will lose its opportunity to question him. Epic has requested more time to contact Scott Forstall and Apple has objected to Epic being granted unlimited time in its effort to contact Forstall. However, Apple would not be held responsible if Epic were to fail to locate a witness.

The question is now, where is Scott Forstall, and what does he know?

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