Things have taken an interesting turn in the legal battle between Apple and Epic Games. Apple had asked for an adverse credibility finding against the testimony of Xbox executive Lori Wright, which claimed that Xbox hardware has never been profitable and revenue is generated from services and other products. Apple has now escalated its concerns with a new filing accusing Epic Games of being a stalking horse for Microsoft and withholding evidence. The term describes “an entity using a third party to challenge an idea or concept in order to gauge the reaction.”
Apple asked for such a ruling earlier, but upped its accusations in the new filing. “A reasonable observer might wonder whether Epic is serving as a stalking horse for Microsoft,” Apple said. “Microsoft shielded itself from meaningful discovery in this litigation by not appearing as a party or sending a corporate representative to testify.”