Apple’s legal spat with Fortnite’s Epic Games continues to get stranger and stranger, this time thanks to Apple’s claims that it doesn’t have former iOS chief Scott Forstall’s phone number.
The issue came when Epic said it wanted to speak with Forstall over the ongoing antitrust case related to the App Store and Fortnite. The thing is, Apple says it can’t get hold of Forstall because it doesn’t have his phone number.
According to Foss Patents, Apple was initially fine with the idea of Forstall getting involved. Then things changed.
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 Febvruary 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 then things took another turn, with Apple seemingly going for a troll approach. Because why not?
“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. Epic therefore requested that Apple agree that (i) Mr. Forstall’s deposition may occur after February 15, 2021, and (ii) Epic may supplement its expert reports with information arising from his deposition. Apple agreed that Mr. Forstall’s deposition may occur after February 15, 2021, but imposed an arbitrary deadline of March 10, 2021, and refused to agree that Epic may supplement its expert reports. The Parties have not resolved these issues. Epic is currently attempting to locate Mr. Forstall, and hopes that the Parties may avoid the need for Court intervention on these issues.”
Forstall has kept a low profile since he was ousted at Apple following a disastrous Apple Maps launch back in 2012. Whether this latest affair is his idea or not, we’ve no idea. But something tells us he would rather not get involved in anything to do with Apple and the App Store even nine years after leaving the company.
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