Accusing Epic of being Microsoft’s “stalking horse”, Apple files for dismissal of Xbox executive testimony partnership in ongoing legal battle

Apple has filed for a motion to get the testimony of Xbox executive, Lori Wright dismissed. Bloomberg reports that the Cupertino tech giant is asking Judge Yvonne Gonzalez Rogers to make “an adverse credibility finding against Wright” over suspicion of colluding with Epic Games.

During the first week of the trial, Lori Wright testifies against Apple’s App Store review policy. Using Netflix and Shadow apps as examples, the Xbox executive accused the Cupertino tech company of unfairly denying xCloud gaming on iOS.

Apple alleges Epic and Microsoft are colluding

The Cupertino tech giant accused Epic Games of acting like a “stalking horse” for Microsoft and withholding evidence. Apple also highlighted that there were just as many witnesses from Epic as there were from Microsoft.

Apple asked for such a ruling earlier but upped its accusations in the new filing. “A reasonable observer might wonder whether Epic is serving as a stalking horse for Microsoft,” Apple said. “Microsoft shielded itself from meaningful discovery in this litigation by not appearing as a party or sending a corporate representative to testify.”

But Apple claims Epic used as many witnesses associated with Microsoft at trial as it did its own — five each — including Susan Athey from Stanford University.

However, Microsoft denies the allegation and attacks Apple for trying to distract attention from the main issue which is control of the App Store’s distribution and payment methods. The company said:

“Apple is trying to distract from legitimate concerns from many companies across the industry about its App Store policies and practices, including its refusal to allow game streaming in the Apple App Store,” Microsoft said in a statement Thursday. “Epic speaks and acts for itself, and Microsoft and many other companies have raised concerns through our own voices, including directly with Apple itself.”

Wright testified involuntarily and she was forthright and thoughtful in her trial testimony. That Apple does not like Ms. Wright’s testimony is clear. That Apple has no basis to challenge the substance of her testimony is equally clear.”

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