Apple’s counsel, Mark A. Perry of Weil Gotshal & Manges LLP, defended the company’s document production and noted that Epic never requested discovery before the evidentiary hearing.
Perry also noted that Apple has produced hundreds of emails and text exchanges in response to the judge’s orders, but said defense counsel understood her orders to be limited to emails, iMessage and Slack.
In response, Judge Gonzalez Rogers asked the attorneys to pull up the transcript from the earlier hearings, and after reviewing the transcript, she pointed out that she had specifically said she wanted Apple to hand over to the court and to Epic Games “any notes” by Apple executives that relate to the new fees.
“‘Any’ is pretty broad,” the judge told Apple’s lawyer. “The whole point, Mr. Perry, was to get the documents relevant to decision-making. That was the point, and you didn’t do it.”
Judge Gonzalez Rogers again ordered Apple to produce the relevant documents.
“Let me make it clear, because you obviously didn’t understand,” the judge told Perry. “I want all of Apple’s documents with respect to Apple’s decision-making with respect to issues before the court. All of them. All. If there is a concern, then be overly broad.”
