The tech giant noted, “TROs [temporary restraining orders] exists to remedy irreparable harms, not reparable self-inflicted wounds… All of the injury Epic claims to itself, game players, and developers could have been avoided if Epic filed its lawsuit without breaching its agreements.
“All of that alleged injury for which Epic improperly seeks emergency relief could disappear tomorrow if Epic cured its breach. Apple has offered Epic the opportunity to cure..,” according to Apple.
Additionally, Apple argued that Epic “has not and cannot show that it will likely succeed on the merits” of its antitrust lawsuit. The tech giant noted that Epic did not conduct any “elaborate inquiry” and ignored the fact the users can play Fortnite on numerous platforms without support from Apple.
The tech giant quoted the Ninth Circuit, which previously stated that a “self-inflicted wounds are not irreparable injury.”
Epic demanded a “special deal”
Apple Fellow Phil Schiller, who served as Senior Vice President, Worldwide Marketing for nearly 20 years, submitted a declaration in support of the tech giant’s opposition to Epic’s motion.
