According to court documents — as noted by FOSS Patents — Epic Games is trying to locate former Apple exec, Scott Forstall (pictured in an old image from Apple’s website), to testify in its ongoing legal battle with Apple.
According to Epic, Apple initially sounded like they were fine with Forstall testifying, and that they would take care of the logistics. Now, per the game company, ”Apple now states that it never suggested it could compel Mr. Forstall to appear for a deposition,” after “promising [for well over a month] it would provide a date for Mr. Forstall’s deposition.” At some point, a deposition had been tentatively scheduled (for February 11), but the week before.“
Apple says Forstall hasn’t responded to its inquiries or confirmed that he will appear for a deposition.” In the same court filing, the tech giant admits that it had originally “indicated that it expected its counsel to represent Mr. Forstall at his deposition.”
FOSS Patents notes that Apple says it’s OK with the deposition if it takes place before March 10, but doesn’t want Epic to “hold discovery open indefinitely while it seeks to locate, serve, and depose another witness.” The discovery cutoff date was last week. If the parties can’t work it out until then, this issue may come up during a discovery hearing on Feb. 24.
Forstall, a software engineer, is best known for leading the original software development team for the iPhone and iPad. Having spent his career first at NeXT and then Apple, he was the senior vice president (SVP) of iOS Software at Apple from 2007 until October 2012.
Despite the fact that he was one time considered the heir apparent to replace Jobs as Apple’s CEO, on Oct. 29, 2012, Apple announced in a press release “that Scott Forstall will be leaving Apple [in 2013] and will serve as an advisor to CEO Tim Cook in the interim.” His duties were divided among four other Apple executives.
Neither Forstall nor any other Apple executive has commented publicly on his departure beyond the initial press statement, but it is generally presumed that Forstall left his position involuntarily.