Microsoft and Epic Games accused of potentially working together to hurt Apple
Apple filed for a motion in the Epic Games trial asking the court to "make an adverse credibility finding" for the testimony of Microsoft'southward Lori Wright. The move argues that Wright speaking in a personal capacity, rather than in an official capacity from Microsoft, shields Microsoft from "meaningful discovery." Apple tree also claims that Microsoft is withholding evidence that would exist helpful to Apple while producing documents that aid Epic.
The preliminary statement of the move begins by stating:
At trial, Epic presented testimony from equally many witnesses associated with Microsoft as information technology did from Epic itself (five each). A reasonable observer might wonder whether Epic is serving equally a stalking equus caballus for Microsoft. Yet Microsoft shielded itself from meaningful discovery in this litigation by non appearing as a party or sending a corporate representative to testify. Instead, Epic chosen ane Microsoft employee—Lori Wright—who testified in her personal capacity, too as a series of Microsoft "consultants." Come across Trial Tr. 1478:11–16 (Evans), 1797:10–1801:14 (Athey), 2322:22–2325:9 (Cragg), 2554:6–2555:ii (Mickens). All the same fifty-fifty as to Ms. Wright, Microsoft refused to produce the documents in her personal files, including a number of documents nigh which she testified at trial.
Apple argues that the court should find Wright's testimony to not be credible:
Epic agrees that this Courtroom has the authority to find Ms. Wright'southward testimony not to be credible. Dkt. 648 at 10. The Courtroom should exercise that authority here, where information technology is undisputed that Microsoft did not produce a single certificate following entry of this Court'due south Apr 12 order, despite the explicit warning of the consequences of doing so.
This is the 2d time that Apple has filed a motion to determine Wright's testimony to not be credible.
Towards the end of the motion, Apple accuses Microsoft of potentially "using Epic as a proxy plaintiff in litigation that it refuses to prosecute in its own proper name."
The decision of the motion states that "The Courtroom should make an agin credibility finding as to Ms. Wright's directly examination testimony."
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Source: https://www.windowscentral.com/microsoft-and-epic-accused-potentially-working-together-hurt-apple
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