The Epic Games vs Apple saga continues today with the news that an Australian judge has ruled temporarily suspending the case in the country while the trial for the US lawsuit looms. The decision comes after Apple requested a permanent stay on the Australian case.
Just yesterday Apple and Epic shared more details on why they think the other is wrong as they released their findings of fact and conclusions before trial in the US Apple says Epic was hatching its “Project Freedom” media plan since 2019 on how to portray Apple “as the bad guy” and bypass the App Store with Fortnite. And Epic accused Apple of using app security as a “pretext” for its commission and allowing fraud.
With the main US case that Epic filed against Apple in California set to go to trial in May, an Australian judge ruled in the parallel case Down Under (via Gizmodo AU).
In the Australian Epic v Apple proceedings in March, Apple pressured Judge Perram to grant “a permanent stay of this case in Australia.”
Essentially, this would allow Apple to stop the case in court in Australia on the grounds that Epic agreed to litigate only in California.
Apple argued that the case between Apple and Epic in the US was so similar to Australia’s that it should be resolved in the original jurisdiction that was agreed upon.
Epic argued that the Australian case should go on to say that “redress is sought under the Competition Act under Australian consumer law in a way that would not be available in California under any circumstances.”
Today, Judge Perram gave his decision that is a middle ground between what Apple and Epic asked for. Essentially, Australian courts will put a three-month hiatus on the case while they closely watch what happens in the US trial.
He ordered the case to be temporarily suspended for a period of three months. If Epic does not initiate a lawsuit in the US alleging violations of Australia’s Consumer Law within three months, the case will be permanently suspended.
Judge Perram also ordered that if Epic continues with this case in the US, the proceeding will continue to be suspended, but may be brought back to Australian courts if the California court refuses to determine these allegations.
The trial in the United States could begin on May 3 in the United States District Court for the Northern District of California.
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