Apple requests court to dismiss Epic’s claim that iOS is an ‘essential facility’

After almost two and a half weeks in the court, Apple is pointing at one of the central elements of Epic’s antitrust case. In a filing on Tuesday night, Apple requested the court to dissolve one of the 10 counts leveled in the initial complaint, claiming that Epic couldn’t establish any evidence for the charge that Apple had breached the essential facilities doctrine by not providing access to software distribution tools on iOS.

Apple’s filing says, “At trial, Epic adduced no proof in support of this claim. On the contrary, Epic’s principal expert expressly disclaimed any opinion on essential facility, and (in response to a direct question from the Court) rejected the notion that iOS should be treated as a public utility. The Court should enter judgment for Apple on this claim,” reported The Verge.

Registered as a motion for partial revelations, Apple is aiming to divide the essential facilities charge from the other nine charges made in Epic’s complaint that was filed initially.

Overall, Apple feels that it can win a final victory on this particular issue. Although, that won’t settle the case completely since the other nine charges still need a ruling, but it would be an unexpected and upsetting loss for Epic.