Right here’s who Apple and Epic are calling to testify in subsequent month’s trial

Patrick

Subsequent week, Epic Video games and Apple will seem in court docket for a long-anticipated authorized battle. Epic argues that Apple unfairly kicked its hit recreation Fortnite off the App Retailer final 12 months, exercising an unlawful monopoly over the ever-present iOS platform. Apple claims Epic is making an attempt to interrupt the iOS platform’s vaunted security and safety for its personal acquire. Each events have laid out how they count on to win their respective instances, and this week, they’ve offered near-final lists of the folks they count on to name for testimony.

Apple and Epic each filed revised tentative witness lists on April twenty sixth. The lists don’t assure each witness will probably be known as, and crucially, they don’t inform us when we’ll see a given individual on the stand. However with the intently watched trial kicking off on Monday — and certain working till the final week of Could — they provide a great image of every occasion’s deliberate technique and what we are able to count on to see all through the trial. An Apple spokesperson described its checklist as being a reasonably dependable indicator of who it could name within the trial, whereas Epic mentioned it may differ its technique primarily based on how the trial proceeds.

Unsurprisingly, the lists are heavy on Apple and Epic executives and different staff. That features Epic CEO Tim Sweeney (who seems on each witness lists), Apple CEO Tim Cook dinner (who seems solely on Apple’s checklist), and different massive names like Craig Federighi, Eddy Cue, and Phil Schiller. Since these figures had been deposed earlier than the trial, court docket paperwork have already revealed just a few fascinating particulars concerning the firms’ companies — and we’ll in all probability see extra as they take the stand.

Epic and Apple are additionally getting ready to name on outdoors events with a stake within the app and gaming world. Each lists embrace Microsoft Xbox govt Lori Wright, as an example, and Epic is asking Adrian Ong from Match Group, which lately criticized Apple in a congressional listening to. Nonetheless, as Bloomberg notes, Epic withdrew a request for testimony from Fb’s gaming head Vivek Sharma — whose title doesn’t seem within the newest filings.

Apple’s witness checklist

Apple staff

  • Tim Cook dinner, CEO — overlaying “Apple’s company values; Apple’s enterprise and operations; growth and launch of the App Retailer; competitors confronted by Apple.” (Scheduled for one hour examination, half-hour cross examination.)
  • Craig Federighi, senior vice chairman, software program engineering — overlaying “iOS working system; competitors confronted by Apple; Apple’s funding and efforts to fight malware, spy ware, and different points regarding app safety and iOS system person safety.” (Scheduled for 2 hours examination, one hour cross examination.)
  • Matt Fischer, App Retailer VP — overlaying “advertising of apps obtainable within the App Retailer; rivals and competitors within the sale of apps and the completely different app marketplaces; Apple’s enterprise relationships with app builders.”
  • Eric Grey, director of commerce and funds — overlaying the “design and operation of Apple’s cost processing insurance policies and practices.” (Scheduled for one hour examination, quarter-hour cross examination.)
  • Trystan Kosmynka, senior director of selling — overlaying “App Retailer insurance policies and tips; Apple’s app evaluation and curation course of and procedures; Apple’s funding in efforts to guard iOS system customers’ security and privateness.”
  • Phil Schiller, Apple fellow — overlaying “Apple’s enterprise and operations; Improvement and launch of the App Retailer; App Retailer insurance policies and tips; the App Retailer enterprise mannequin; the App Retailer fee; app distribution; iOS working system; competitors confronted by Apple; design, growth, launch, and advertising of the iPhone.” (Scheduled for six hours examination, three hours cross examination.)
  • Michael Schmid, head of recreation enterprise growth, App Retailer — overlaying “the instruments, companies, and advantages that Apple gives to builders, together with to Epic; Apple’s relationship with Epic, Epic’s breaches of its agreements with Apple, and Epic’s different misconduct.” (Scheduled for 1 hour examination, half-hour cross examination.)
  • Scott Forstall, former senior vice chairman, iOS Software program — overlaying “variations between cellular gadgets and PCs; safety and privateness issues for cellular gadgets; historic App Retailer insurance policies and practices.”
  • Phillip Shoemaker, former expertise director, app evaluation — overlaying “App Retailer insurance policies and tips; Apple’s app evaluation and curation course of and procedures; Apple’s funding in efforts to guard iOS system customers’ security and privateness.”

Epic staff

  • Steve Allison, Epic Video games Retailer normal supervisor — overlaying “the Epic Video games Retailer enterprise mannequin and monetary projections; the Epic Video games Retailer’s income cut up; the Epic Video games Retailer’s market share.”
  • Andrew Grant, engineering fellow — overlaying “enforcement of platform guidelines; Fortnite anti-cheat measures; the significance to Apple’s model of defending person privateness and safety; Epic’s use of Apple-provided instruments and companies; Epic’s curiosity in workarounds to undercut Apple’s 30% fee; Epic’s efforts to subvert app evaluation; Epic’s marketing campaign in opposition to app shops.”
  • Joseph Kreiner, VP of enterprise growth — overlaying “advantages of cross-platform play; Epic’s relationships with console producers, together with contractual phrases, commissions paid by Epic, and cost processing phrases; fraud on the Epic Video games Retailer.” (Scheduled for half-hour examination, 10 minutes cross examination.)
  • Thomas Ko, senior director, head of on-line enterprise technique and operations — overlaying “Epic’s relationship with Samsung, together with Epic’s contracts with Samsung, commissions paid to Samsung, and communications with Samsung; Epic’s marketing campaign in opposition to app shops.”
  • Mark Rein, VP of enterprise growth — overlaying “the Epic Video games Retailer enterprise mannequin and fee; advantages of Apple advertising and different assist offered to Epic; Epic’s plans and practices regarding distribution via iOS, competing platforms, and different channels; Epic’s marketing campaign in opposition to app shops.” (Scheduled for quarter-hour examination, 5 minutes cross examination.)
  • Tim Sweeney, CEO — overlaying “Epic’s enterprise mannequin, operations, and technique; Epic’s monetary efficiency; Epic’s dealings with Apple and competing platforms, together with commissions paid; Epic Video games Retailer profitability; Epic’s relationship with Samsung, together with Epic’s contracts with Samsung, commissions paid to Samsung, and communications with Samsung; Epic’s marketing campaign in opposition to app shops.”
  • Daniel Vogel, COO — overlaying “Epic’s exploration of sideloading on iOS and Android; Epic’s launch of Fortnite outdoors of the Google Play Retailer; safety of Fortnite and the Epic Video games Retailer, together with the Xsolla cost processor; issues over cross-platform arbitrage of ‘V-bucks’ purchases; Epic’s makes an attempt to keep away from Apple’s App Retailer evaluation course of; Epic’s marketing campaign in opposition to app shops.” (Scheduled for quarter-hour examination, 5 minutes cross examination.)
  • Matthew Weissinger, VP of selling — overlaying “Epic’s pricing and advertising actions, together with as to Fortnite; Fortnite’s revenue margin; Fortnite’s weaknesses on cellular methods relative to recreation consoles; Epic’s marketing campaign in opposition to app shops.”
  • Joseph Babcock, former CFO — overlaying “Epic’s monetary efficiency; Epic’s enterprise mannequin and technique; Epic’s dealings with Apple and competing platforms, together with commissions paid; Epic Video games Retailer profitability.” (Scheduled for quarter-hour examination, 5 minutes cross examination.)
  • Haseeb Malik, former advertising supervisor — overlaying “instruments, companies, and advantages that Apple offered to Epic; platforms on which Epic makes its video games obtainable; Epic’s marketing campaign in opposition to app shops.” (Scheduled for quarter-hour examination, 5 minutes cross examination.)
  • David Nikdel, on-line gameplay methods lead — overlaying “engineering and expertise advantages acquired from Apple; high quality of non-iOS platforms; Epic’s direct cost hotfix.” (Scheduled for quarter-hour examination, 5 minutes cross examination.)
  • Nick Penwarden, VP of engineering — overlaying “the Unreal Engine enterprise mannequin; iOS and Android proprietary software program and instruments; engineering assist from Apple; cross-platform play.” (Scheduled for quarter-hour examination, 5 minutes cross examination.)
  • Alec Shobin, senior advertising supervisor — overlaying “advertising for cellular video games; the App Retailer evaluation course of; Epic’s marketing campaign in opposition to app shops.” (Scheduled for quarter-hour examination, 5 minutes cross examination.)

Third-party witnesses

  • Lori Wright, VP of Xbox enterprise growth, Microsoft — overlaying “the Microsoft Retailer; Xbox online game console enterprise and operations; Xbox cloud gaming; distribution of apps on the App Retailer.”
  • Benjamin Simon, founder and CEO of Yoga Buddhi Co. — overlaying “Yoga Buddhi’s apps and enterprise mannequin; instruments, companies, and advantages that Apple offered to Yoga Buddhi; participation within the Coalition for App Equity; App Retailer evaluation course of.”
  • Shelley Gould, president and co-founder of Neuro-Fin / SmartStops — overlaying “SmartStops’ apps and enterprise mannequin; instruments, companies, and advantages that Apple offered to SmartStops; App Retailer evaluation course of; communications with Apple.”
  • Aashish Patel, director of product administration, Nvidia — overlaying “instruments, companies, and assist that Apple offered to Nvidia; distribution on competitor platforms and thru different channels; communications with Apple; compliance with Apple’s App Assessment Tips; Nvidia’s affiliation with Epic.”
  • Alphabet — paperwork submitted
  • App Annie — paperwork submitted
  • Roblox Company — paperwork submitted

Skilled witnesses

  • Richard Schmalensee, emeritus professor of economics, MIT
  • Lorin Hitt, professor of operations, info, and selections, College of Pennsylvania Wharton
  • Francine LaFontaine, professor of economics, College of Michigan
  • Daniel Rubinfeld, professor of legislation, NYU
  • James Malackowski, CEO, Ocean Tomo
  • Aviel Rubin, technical director, Johns Hopkins College Info Safety Institute
  • Dominique Hanssens, distinguished analysis professor of selling, UCLA Anderson Graduate College of Administration

Epic’s witness checklist

Epic staff

  • Steve Allison, Epic Video games Retailer normal supervisor — overlaying “Epic Video games Retailer (enterprise).” (Scheduled for half-hour examination, half-hour cross examination.)
  • Andrew Grant, engineering fellow — overlaying “Epic’s membership within the Apple Developer Program; engineering and growth of Epic’s merchandise for numerous platforms; Epic Direct Fee on iOS.” (Scheduled for one hour examination, half-hour cross examination.)
  • Thomas Ko, senior director, head of on-line enterprise technique and operations — overlaying “Epic’s cost processing companies; Apple’s cost processing companies; Epic Direct Fee on iOS.” (Scheduled for half-hour examination, quarter-hour cross examination.)
  • Tim Sweeney, CEO — overlaying “Epic’s historical past and enterprise; Epic’s enterprise discussions with Apple and Google; Epic Direct Fee on iOS; App Retailer insurance policies and practices; Epic’s advertising and promotional actions; Epic’s efforts to compete in app distribution and in- app cost processing.” (Scheduled for 3 hours examination, three hours cross examination.)
  • Matthew Weissinger, VP of selling — overlaying “Epic’s advertising and promotional actions; advertising and promotional assist companies provided by online game consoles and cellular working system suppliers, together with Apple.” (Scheduled for half-hour examination, half-hour cross examination.)

Apple staff

  • Matt Fischer, App Retailer VP — overlaying “App Retailer enterprise technique; App Retailer monetary efficiency; App Retailer insurance policies and practices; Apple’s market energy over iOS builders; and/or the themes of designated testimony.” (Scheduled for 45 minutes examination, one hour cross examination.)
  • Trystan Kosmynka, senior director of selling — overlaying “App Retailer evaluation insurance policies and practices; iOS and macOS engineering, safety and privateness points; and/or the themes of designated testimony.” (Scheduled for one hour examination, two hours cross examination.)
  • Eddy Cue, senior vice chairman, web software program and companies — overlaying “lack of competitors amongst cellular gadgets and cellular working system software program; App Retailer enterprise technique; App Retailer monetary efficiency; present and historic App Retailer insurance policies and practices; Apple’s prior antitrust violations.” (Scheduled for one hour examination, 10 minutes cross examination, through deposition fairly than dwell look.)
  • Craig Federighi, senior vice chairman, software program engineering — overlaying “iOS and macOS engineering, safety, privateness and competitors points; App Retailer insurance policies and practices.” (Scheduled for quarter-hour examination, 5 minutes cross examination, through deposition fairly than dwell look.)
  • Scott Forstall, former senior vice chairman, iOS software program — overlaying “iOS and macOS engineering, safety, privateness and competitors points; historic App Retailer insurance policies and practices; Apple’s in-app buying perform.” (Scheduled for one hour and 5 minutes examination, 10 minutes cross examination, through deposition fairly than dwell look.)
  • Eric Friedman, head of fraud engineering, algorithms, and danger — overlaying “App Retailer evaluation course of; fraud and different abuse in Apple’s ecosystem.” (Scheduled for half-hour examination, 5 minutes cross examination, through deposition fairly than dwell look.)
  • Eric Grey, director of commerce, subscriptions, and pricing — overlaying “inefficiencies and lack of integration of Apple’s cost processing companies; app pricing and inelasticity of demand; fraud and different abuse in Apple’s ecosystem.” (Scheduled for quarter-hour examination, 5 minutes cross examination, through deposition fairly than dwell look.)
  • C.Ok. Haun, senior director, developer technical companies — overlaying “App Retailer evaluation insurance policies and practices; iOS and macOS engineering, safety and privateness points.” (Scheduled for 50 minutes examination, 5 minutes cross examination, through deposition fairly than dwell look.)
  • Ron Okamoto, former VP of worldwide developer relations — overlaying “advantages Apple receives from different software program builders, together with Epic; Apple’s market energy over iOS builders.” (Scheduled for 20 minutes examination, 5 minutes cross examination, through deposition fairly than dwell look.)
  • Carson Oliver, director of enterprise administration, App Retailer — overlaying “App Retailer insurance policies and practices; Apple’s market energy over iOS builders.” (Scheduled for 10 minutes examination, 5 minutes cross examination, through deposition fairly than dwell look.)
  • Shaan Pruden, senior director of partnership administration and worldwide developer relations — overlaying “advantages that Apple receives from different software program builders, together with Epic.” (Scheduled for 10 minutes examination, 5 minutes cross examination, through deposition fairly than dwell look.)
  • Mark Rollins, finance supervisor — overlaying “Apple financials; App Retailer revenue and loss statements.” (Scheduled for 10 minutes examination, through deposition fairly than dwell look.)
  • Phillip Shoemaker, former expertise director, app evaluation — overlaying “historic App Retailer evaluation insurance policies and practices.” (Scheduled for 55 minutes examination, quarter-hour cross examination, through deposition fairly than dwell look.)

Third-party witnesses

  • Lori Wright, VP of Xbox enterprise growth, Microsoft — overlaying “distribution of software program; Xbox online game console enterprise and operations; Xbox cloud gaming, together with xCloud and Sport Move; interactions with Apple.” (Scheduled for one hour examination, one hour cross examination.)
  • Benjamin Simon, founder and CEO of Yoga Buddhi Co. — overlaying “app distribution; participation within the Apple Developer Program; App Retailer evaluation course of; interactions with Apple.” (Scheduled for one hour examination, half-hour cross examination.)
  • Aashish Patel, director of product administration, Nvidia — overlaying “app distribution; Nvidia’s GeForce Now service and enterprise mannequin; variations between streamed apps and domestically hosted apps; variations between native apps and net apps; App Retailer evaluation course of; interactions with Apple.” (Scheduled for 45 minutes examination, 45 minutes cross examination.)
  • Adrian Ong, senior VP of operations, Match Group — overlaying “app distribution; participation within the Apple Developer Program; App Retailer evaluation course of; interactions with Apple; variations between native apps and net experiences; Match Group’s cost processing capabilities; results of Apple’s 30% price on Match Group and its customers; person acquisition.” (Scheduled for one hour examination, 5 minutes cross examination, through deposition fairly than dwell look.)

Skilled witnesses

  • Susan Athey, economics of expertise professor, Stanford College Graduate College of Enterprise
  • Ned Barnes, managing director, Berkeley Analysis Group
  • Michael Cragg, principal and chairman, The Brattle Group
  • David Evans, chairman, World Economics Group
  • Wenke Lee, chair, Faculty of Computing, Georgia Institute of Expertise
  • Nancy Mathiowetz, professor emerita, division of sociology, the College of Wisconsin-Milwaukee
  • James Mickens, professor of laptop science, Harvard College
  • Peter Rossi, professor of selling, economics and statistics, UCLA

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