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Photo: Chris Delmas/AFP via Getty Images

Epic Games' legal fight with Apple is likely headed to a July trial, and Fortnite won't be back on the App Store anytime soon, Apple Insider reports from a virtual hearing in the case Monday.

Why it matters: In challenging Apple, Epic has raised a banner for smaller companies seeking to curb Apple's power as a gatekeeper to mobile phone users. But the fight is getting messy and will almost certainly see it drag into next year.

Flashback: Epic sued Apple last month after Apple removed its game Fortnite from the App Store for breaking Apple's rules against alternative payment systems, which Epic did to get around Apple's 30% commission on in-app purchases.

What they're saying: Judge Yvonne Gonzalez Roberts suggested the case be heard before a jury rather than a bench trial. Roberts said during Monday's hearing that Epic put itself in this situation and Fortnite could have been re-admitted to the App Store if it followed Apple's rules, according to the Apple Insider report.

  • Gonzalez also said Epic had not been forthright with Apple and pushed back on Epic's declaration that Apple is a monopolist, according to the Apple Insider report.
  • Epic did not have documents to produce for discovery at today's hearing, which Gonzalez said was not acceptable, according to the FT's Patrick McGee.

What's next: We'll know Tuesday whether Apple or Epic choose to demand a jury trial. Initial disclosures for the case are due October 12 and complete document production is due by January 6 with a potential trial date next July.

Go deeper:

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.

Ina Fried, author of Login
Nov 18, 2020 - Technology

Microsoft adding security chip to Windows machines

Illustration: Aïda Amer/Axios

Microsoft said Tuesday it is working with chipmakers AMD, Intel and Qualcomm to bring a new security processor to Windows machines. Dubbed Pluton, the security chip is based on work done for the Xbox One and designed to bring an added layer of security.

Why it matters: A number of difficult-to-patch chip flaws in recent years have left computers vulnerable to attack. It also comes as many of the biggest tech companies, including Apple, Google, Microsoft and Amazon, are increasingly designing their own silicon to augment traditional processors.

Updated 59 mins ago - Health

COVID cases and deaths keep falling

Expand chart
Data: N.Y. Times; Cartogram: Kavya Beheraj/Axios

America’s coronavirus outbreak is rapidly improving as the Delta wave recedes, and vaccines for kids — which could become available within weeks — will help the situation improve even further.

By the numbers: Nationwide, the U.S. is now averaging about 79,000 new cases per day — a 22% drop over the past two weeks.