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Image: Epic Games

Apple and Epic Games filed a joint motion on Tuesday requesting that an eventual trial be handled by the judge overseeing the case, rather than a jury.

The big picture: Though a trial is a long way off, the contours of the case are beginning to take shape. At a hearing on Monday, the federal judge hearing the matter established a rough timeline, with a trial possibly taking place in July.

Apple had initially requested a jury trial and, according to Bloomberg, the judge had suggested a jury trial might be best given that such verdicts are less likely to be overturned on appeal. However, both Apple and Epic have apparently found one thing they agree on: that they'd rather not have a jury.

Catch up quick:

  • Last month, Epic added its own in-app purchase mechanism to Fortnite, knowingly setting up a confrontation with Apple.
  • Apple removed Fortnite from the App Store and Epic immediately filed suit,, alleging its App Store rules constitute an abuse of monopoly power. Apple has countersued, alleging breach of contract and unfair competition.
  • A similar chain of events took place with Google on the Android side, with Fortnite also being removed from the Play Store and Epic filing suit against Google. In that case, though, Epic can continue to distribute Fortnite on its own, an option not available on iOS, where Apple's App Store is the only authorized method for downloading software.
  • A court denied Epic's request for a temporary restraining order to keep Fortnite in the App Store, but temporarily stopped Apple from removing Epic's developer access.

Go deeper

Nov 18, 2020 - Technology

Apple settles with states for $113 million over slowed iPhones

Photo: Dominic Lipinski/PA Images via Getty Images

Apple will pay states $113 million in a settlement over allegations that the phone maker secretly throttled speeds on older iPhones to extend battery life, Arizona Attorney General Mark Brnovich announced Wednesday.

Driving the news: 34 states were involved in the investigation, which alleges that starting in December 2016, Apple released a software update reducing performance to keep some iPhones from unexpectedly shutting down.

Updated 11 hours ago - Politics & Policy

Coronavirus dashboard

Illustration: Eniola Odetunde/Axios

  1. Health: Most vulnerable Americans aren't getting enough vaccine information — Fauci says Trump administration's lack of facts on COVID "very likely" cost lives.
  2. Politics: Biden unveils "wartime" COVID strategyBiden's COVID-19 bubble.
  3. Vaccine: Florida requiring proof of residency to get vaccine — CDC extends interval between vaccine doses for exceptional cases.
  4. World: Hong Kong to put tens of thousands on lockdown as cases surge.
  5. Sports: 2021 Tokyo Olympics hang in the balance.
  6. 🎧 Podcast: Carbon Health's CEO on unsticking the vaccine bottleneck.

Trump impeachment trial to start week of Feb. 8, Schumer says

Senate Majority Leader Chuck Schumer. Photo: The Washington Post via Getty

The Senate will begin former President Trump's impeachment trial the week of Feb. 8, Majority Leader Chuck Schumer announced Friday on the Senate floor.

The state of play: Schumer announced the schedule after reaching an agreement with Republicans. The House will transmit the article of impeachment against the former president late Monday.

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