Apple claims Microsoft VP’s Epic Games v. Apple testimony shouldn’t be viewed as credible


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Update May 7, 2021 at 4:59 p.m. ET: Microsoft has provided the following statement: “Lori Wright’s testimony was credible and forthright, and Microsoft complied with its obligations to provide Apple with requested information. It is disappointing that Apple is trying to distract from legitimate industry concerns about its refusal to allow game streaming in the Apple App Store.”

The Epic Games v. Apple trial rages on. Now that we’re past bombshells such as Nintendo’s yakuza namedrops in publishing contracts and Microsoft’s adoration of The Last of Us Part 2, it’s time for the real courtroom conflict to kick into high gear, starting with Apple’s motion to diminish the credibility of Microsoft VP Lori Wright’s testimony.

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Though Microsoft publicly threw its support behind Epic Games quite a while back near the announcement of the lawsuit, there was a hope that the tech giant’s employees and representatives would play fair when it came time to go on the stand in court. However, Apple’s just-filed motion claims Microsoft VP Lori Wright deserves an “adverse credibility finding” due to Microsoft-withheld documents that Apple claims would’ve altered the course of its cross-examination efforts.

The full motion paints a detailed, legalese-riddled picture of what exactly Apple is accusing Microsoft and Epic of, but in short, it can be boiled down to deliberate omission of documents (with an underlying insinuation of collusion). Here’s an excerpt from the motion:

“While Apple’s cross-examination of Ms. Wright at trial was effective (and showed, for example, her clear bias in favor of Epic and against Apple), that cross-examination was hampered by Microsoft’s failure to produce her documents to Apple.”

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The motion then details how Apple feels it was forced to cross-examine Wright with “one arm tied behind its back” before diving into why Microsoft should suffer ramifications for its actions.

“Microsoft’s intentional withholding of relevant documents is not substantially justified. Indeed, it was on ample notice of the consequences of failing to produce relevant documents to Apple, and it has chosen to produce nothing. Nor is Microsoft’s failure harmless. The opportunity for Apple to fairly examine Ms. Wright has passed.”

The conclusion of the motion states Apple’s request that the court “make an adverse credibility finding as to
Ms. Wright.” If the motion is granted, it’ll be interesting to see what the consequences are. Could these back-and-forths stretch the trial out for an entire Fortnite?

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Bad puns aside, keep checking back with Windows Central as we post updates on the latest news in the Epic Games v. Apple trial, otherwise known as the surprise tenth season of USA Network’s Suits.



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