A jointly-produced filing between Apple and Epic in its ongoing “Fortnite” courtroom saga reveals issues with discovery on both sides ahead of a case management conference, with each claiming the other isn’t providing the required documentation.
In the Joint Case Management Statement filed on Monday, in advance of the case management conference scheduled for October 19, Epic and Apple both have issues with how the other company is handling the discovery portion of the lawsuits. Each company accuses the other of being uncooperative in different ways.
In Epic’s portion of the statement, it accuses Apple of failing to provide all of the documentation it needs, namely that Apple’s list of custodians that documents are supplied about does not include two prominent figures in Apple’s history. Of the six people listed, Epic spotted that none of them are co-founder and late CEO Steve Jobs and current CEO Tim Cook.
Furthermore, Epic also claims Apple “repeatedly relied” on the two men during the two previous motion hearings. However, Apple countered by saying it didn’t rely on them, rather that it mentioned the two twice, referencing Tim Cook’s statement to the US House of Representatives Judiciary Committee and “an AppleInsider article quoting Steve Jobs.”
Apple also claims it has already provided Epic “with the 3.6 million documents” produced by Apple in its developer class action and consumer class action suits. Epic believes these documents should have been provided sooner.
On Epic’s side, it has already made “an initial production of more than 16,000 pages form the files of Timothy Sweeney,” the CEO of Epic. Apple counters by claiming Epic may have “cherry-picked” the documents that may “omit a significant amount of relevant materials.”
Apple also claims Epic received a third-party discovery request before it formed its lawsuit
A website dedicated to sharing images of Covid-19 related skin rashes to help doctors and patients identify whether an unusual rash might be a sign of coronavirus infection has been criticised for containing just two images of black or brown skin.
The British Association of Dermatologists’ (BAD) Covid-19 Skin Patterns website features 400 images of Covid-associated rashes, from prickly heat and chickenpox-type rashes, to raised itchy hives, and chilblain-like ‘Covid fingers and toes’. They were gathered by the Covid Symptom Study app in response to growing evidence that skin rashes are a key feature of the disease, present in around 9% of app users testing positive for Covid-19. In children they may be even more predictive, with a sixth of children experiencing a rash and no other symptoms.
Related: Rashes, headaches, tingling: the less common coronavirus symptoms that patients have
“Being able to recognise these is crucial for reducing the spread of [Covid-19],” said president of BAD, Dr Tanya Bleiker.
Yet, the lack of images showing how Covid rashes manifest on people of darker skin tones may mean healthcare professionals are less equipped to diagnose potential cases, says Ore Odubiyi, director of BME Medics, a platform committed to improving diversity and inclusion in healthcare.
“When we consider that certain BAME communities in the UK are disproportionately impacted by Covid-19, it is crucial that visual resources which show how Covid-related skin changes may appear in darker skin tones are made readily available at a similar standard seen in resources exemplifying signs of disease in fairer skin tones.”
Around 3,000 images of suspected Covid rashes were uploaded via the app, but although the survey specifically requested images from BAME groups, only 173 were received: “This may be explained, in part, by cultural factors but also because rashes are less visible on darker