In a filing submitted Tuesday to the Northern California court, both companies have requested that the lawsuit be tried by the court with a bench trial instead of being tried in front a jury. As a result of the agreement, Apple has withdrawn its demand for a jury trial.
Epic and Apple have met and conferred, and the parties agree that Epic’s claims and Apple’s counterclaims should be tried by the Court, and not by a jury. Therefore, with Epic’s consent, Apple hereby withdraws its demand for a jury trial pursuant to Federal Rule of Civil Procedure 38(d). The parties respectfully request that the case (including any claims and counterclaims) proceed to a bench trial on a schedule determined by the Court.
According to the report, the judge overseeing the case did not want to try two separate cases, which contributed to Apple withdrawing the request for trial by jury.
In a counterclaim against Epic Games, Apple had originally asked for a trial by jury, but given that the judge overseeing the court told the two companies that she does not want to try two separate cases, Apple has withdrawn the request.
The decision came today after, on Monday, Judge Yvonne Gonzalez Rogers made the recommendation that the lawsuit between Epic Games and Apple go to trial by jury. At that preliminary hearing, Judge Rogers rejected Epic Games’ request for an injunction to allow Fortnite back on the App Store unless it complied with Apple’s App Store policies.