The Epic Games vs Apple saga continues today with the news that an Australian judge has ruled to temporarily suspend the case in the country while the trial looms for the US lawsuit. The decision comes after Apple asked for a permanent suspension of the Australian case.
Just yesterday, Apple and Epic both shared more specifics on why they think the other is in the wrong as they publicly released their findings of fact and conclusions ahead of the US trial. Apple says Epic was scheming its “Project Liberty” media plan since 2019 on how to portray Apple “as the bad guy” and skirt the App Store with Fortnite. And Epic accused Apple of using app security as a “pretext” for its commission and enabling fraud.
With the primary US case Epic filed against Apple in California set to go to trial in May, an Australian judge has made a ruling in the parallel case Down Under (via Gizmodo AU).
In the Australian Epic vs Apple proceedings in March, Apple lobbied Justice Perram to grant “a permanent stay of this case in Australia.”
This would essentially allow Apple to stop the case from proceeding in a court in Australia on the grounds that Epic agreed to only litigate in California.
Apple argued that the case between Apple and Epic in the US was so similar to the one in Australia that it should be settled in the original jurisdiction that was agreed upon.
Epic argued that the Australian case should continue saying “relief is sought under the Competition Act under Australian consumer law in a form that would not be available in California under any circumstances.”
Today, Justice Perram gave his decision that’s a middle ground between what Apple and Epic asked for. Essentially, the Australian courts will put a three-month pause on the case while watching closely what happens in the US trial.
He ordered that the case be temporarily stayed for a period of three months. If Epic does not commence a suit in the US alleging contraventions to Australian Consumer Law within three months then the case will be permanently stayed.
Justice Perram also ordered that if Epic pursues this case in the US then the proceedings will continue to be stayed but can be brought back to Australian courts should the court in California decline to determine these allegations.
The US trial could start as soon as May 3 in the United States District Court for the Northern District of California.
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