Apple accuses Microsoft of being in league with Epic during trial

"...and the potential that Microsoft is using Epic as a proxy plaintiff in litigation that it refuses to prosecute in its own name"

What you need to know

• Apple has filed another motion to undermine the testimony of Microsoft's Lori Wright in the Epic Games trial.
• Apple has previously stated that Microsoft had withheld documents pertaining to Ms. Wright's testimony.
• It is now accusing Epic of being a "stalking horse" for Microsoft, and that Microsoft is trying to prosecute its own litigation against Apple through Epic.

Apple has again filed for a motion to undermine the testimony of Microsoft's Lori Wright in the Epic Games trial, accusing Microsoft of withholding evidence that would show Microsoft is trying to prosecute its own litigation against Apple through Epic.

In a motion filed this week Apple states:

At trial, Epic presented testimony from as many witnesses associated with Microsoft as it did from Epic itself (five each). A reasonable observer might wonder whether Epic is serving as a stalking horse for Microsoft. Yet Microsoft shielded itself from meaningful discovery in this litigation by not appearing as a party or sending a corporate representative to testify. Instead, Epic called one Microsoft employee—Lori Wright—who testified in her personal capacity, as well as a series of Microsoft "consultants." See Trial Tr. 1478:11–16 (Evans), 1797:10–1801:14 (Athey), 2322:22–2325:9 (Cragg), 2554:6–2555:2 (Mickens). Yet even as to Ms. Wright, Microsoft refused to produce the documents in her personal files, including a number of documents about which she testified at trial.

Apple had previously asked for a motion to find Wright's testimony not credible, as we reported earlier in May.

Now, in much more serious accusations Apple has accused Epic of "serving as a stalking horse for Microsoft". In its closing argument, Apple says it has not received any internal communications from Microsoft regarding xCloud or any other subjects to which Wright testified. Apple says that these documents are particularly relevant "in light of Microsoft's relationship with at least five Epic witnesses", and that they could show "that Microsoft is using Epic as a proxy plaintiff in litigation that it refuses to prosecute in its own name."

In its previous motion, Apple noted that Microsoft had a "large financial incentive to support Epic" after Wright testified that Microsoft made $700 million from Epic Games' titles.