Judge throws out Apple’s theft claim against Fortnite-maker Epic Games

On Tuesday, Epic Games won the dismissal of two Apple’s tort claims in a dispute over access to its video game “Fortnite” on Apple’s App Store.

Epic Games' Fortnite
Epic Games’ Fortnite

Patricia Hurtado for Bloomberg:

Epic sued Apple on Aug. 13, claiming the removal of the Fortnite app from the App Store was in “retaliation” for the game maker’s decision to offer in-app purchases through its own marketplace. Epic was denied a court order in late August that would have temporarily stopped Apple from delisting Fortnite.

Apple escalated the dispute, filing a counter suit in September to stop the game maker from using its own payment system for Fortnite. Apple also accused Epic of theft and sought extra monetary damages beyond breach of contract. But a judge didn’t buy the argument at a hearing Tuesday.

”This is a high-stakes breach of contract case and an antitrust case and that’s all in my view,” U.S. District Judge Yvonne Gonzalez Rogers told lawyers.

The judge threw out the two claims. The rest of the breach-of-contract case moves forward.

MacDailyNews Take: Epic clearly breached its contract with Apple by violating Apple’s App Store guidelines without submitting their app changes to Apple for review and approval.

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