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Apple and its attorneys have requested the U.S. District Court docket for the Northern District of California to deem an earlier testimony within the Epic Video games v. Apple trial from Microsoft Xbox vp Lori Wright as not credible, in line with a movement filed late on Could 6.
Counsel from each Apple and Epic examined Wright, who Epic known as to testify in her private capability, on Could 5. Wright coated an array of subjects, together with whether or not or not Microsoft considered the iPhone as a competitor to the Xbox, revenue and loss across the sale of Xbox and its video games, and the variations between open and closed software program ecosystems. Now, Apple is asking the court docket to discredit her testimony.
The movement focuses on an absence of paperwork offered by Microsoft to again up claims made in Wright’s testimony, together with her private emails with Apple across the approval of Xbox Cloud Gaming service for App Retailer distribution and revenue and loss paperwork to again up her declare that Xbox consoles don’t make Microsoft cash. With out the 30 p.c fee it collects on digital video games and in-app purchases, Microsoft wouldn’t flip a revenue on Xbox in any respect, Wright mentioned.
Apple’s counsel first requested the court docket to exclude Wright from the proceedings on April 9 until she offered paperwork in ample time for them to assessment earlier than their scheduled deposition on April 16.
The court docket declined that movement on April 12 and the deposition proceeded as scheduled. Apple mentioned Microsoft produced 79 paperwork, however that the dump didn’t embody Wright’s emails or different related paperwork. Epic then known as Wright to talk once more throughout the trial. Apple now argues that Wright and Microsoft’s authorized workforce purposely withheld paperwork and that Wright is biased towards Epic within the Epic v. Apple dispute.
The choose has not responded to Apple’s request to deem Wright not credible as of this morning.
Wright’s testimony gave credence to arguments from each Apple and Epic’s attorneys. She mentioned that Microsoft…
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