Apple claimed for Epic Games that it did not have Scott Forstall’s phone number.
Epic has apparently not been able to interview Apple CEO Tim Cook for seven hours: the company wants to do the same with former iOS SVP Scott Forstall. But he hasn’t been able to contact her yet, and Apple says he can’t help her because he doesn’t have her current phone number!
The court documents reveal the hilarious development of the antitrust case…
Foss Patent Report:
Scott Forstall “involuntarily” resigned his post as Senior Vice President of Software (SVP) in the fall of 2012. Since then, he has remained very calm. Based on his previous responsibilities for iOS, Epic Games would like to ask him a few questions. […]
Mr. Forstall’s testimony will be used in a few months, when the great Epic Games antitrust case against the Apple App Store is judged in Oakland (Northern District of California).
According to Epic, Apple initially appeared to agree to testify to Mr. Forstall and would take care of the logistics. But, according to Epic, “Apple now says that it never suggested that it could force Mr. Forstall to make a statement,” promising ” [for well over a month] This would provide a date for Mr. Forstall’s testimony. At one point, a filing was temporarily scheduled (for February 11), but a week earlier, “Apple revealed that Mr. Forstall had not responded to Apple’s requests or confirmed that he was a Will appear for the statement. ” And the story goes like this:
“When Epic asked Apple to provide Mr. Forstal’s last known address and contact information, Apple initially provided a PO Box and Twitter ID. Apple also stated that it was not allowed to share Mr. Forstall’s phone number, but later stated that he did not believe it was in possession of Mr. Forstall’s current phone number.
The problem for Epic is that there is a March 10 deadline for pre-trial deposits, and if he cannot contact Forstall before that, he will lose the right to interrogate him.
Epic is asking the court for more time, while Apple says it is unfair for Epic to get unlimited time, and it is not Apple’s problem if the game developer can’t locate a witness.
The article speculates, fairly appropriately, that Apple might not be trying too hard.
While it is true that Forstall was ousted in 2012, he may not have been 100% loyal to his former employer, (if true) he was fired after more than eight years. I do not think Apple is certain that Mr. Forstall’s testimony would harm his case. But if Apple can trust him and need not be afraid to seize this opportunity wisely and honestly (under some oath), why would Apple have played such games with Epic?
For Forstall, it seems plausible that he does not feel dragged into the dirt and just puts his head down.
Epic tried to sue Apple in the UK as well as in the US, but a UK court ruled.
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