In a countersuit to stop Epic Games from using its own payment system for Fortnite, a game it had pulled from the App Store over violation of its terms related to in-app purchases, Apple had accused Epic of theft and sought extra monetary damages beyond breach of contract.
However, U.S. District Judge Yvonne Gonzalez Rogers has dismissed the two arguments made by the iPhone maker during a hearing on Tuesday, BNN Bloomberg is reporting.
”You can’t just say it’s independently wrongful,” Rogers told Anna Casey, a lawyer for Apple, referring to Epic’s conduct. “You actually have to have facts.” The judge threw out the two claims, while the rest of the breach-of-contract case moves forward.
Back in August, Epic had sued Apple claiming the removal of the Fortnite app from the App Store was in “retaliation” for the game maker’s decision to offer in-app purchases through its own marketplace.
The game maker was, however, denied a court order that would have temporarily stopped Apple from pulling Fortnite from the App Store.