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My observation extends beyond the preliminary injunction itself which was always going to be a long shot. Epic's entire case depends on being able to successful
by nodamage 6y ago
My observation extends beyond the preliminary injunction itself which was always going to be a long shot. Epic's entire case depends on being able to successfully plead a single-brand market consisting of only iOS devices. Yes, you are correct that whether Epic wins or loses the injunction now won't necessarily affect the outcome of the trial. However, failing to establish a single-brand market will.
So to the extent that the judge is unconvinced of the validity of a single-brand market now, is not good news for Epic's chances during the trial later.