In the opening week of Epic v. Apple, Epic’s lawyers pulled out the big guns calling console makers Sony and Microsoft to the stand. However, Apple countered by filing a motion to strike the latter’s testimony for not producing supporting documentation.
Last week, Vice President of Xbox Business Development Lori Wright testified that Microsoft does not, nor has it ever profited from Xbox sales. She claimed that most of Xbox’s revenue stems from Xbox Live and Game Pass subscriptions, with a smaller portion coming from a 30-percent commission from sales in its digital storefront.
On Thursday, Apple filed a motion asking for an adverse credibility finding in Wright’s assertions. If granted, Judge Yvonne Gonzalez Rogers would strike Wright’s entire testimony from the record as being not credible. Apple lawyers assert that they did not receive relevant files that supports her claims. Such documentation would have included profit and loss statements for the Xbox division.
Apple’s motion for an adverse credibility finding via DocumentCloud
“Ms. Wright testified in her deposition and confirmed at trial that she has documents in her files relevant to the issues on which she testified regarding important, disputed issues in this case,” the filing reads. “These include, for example, Xbox profit and loss (“P&L”) statements that might have shed light on Ms. Wright’s unsupported assertion that the Xbox console business is unprofitable.”
Despite Wright admitting that she reviewed documentation in preparation for her deposition, Microsoft “intentionally withheld” the supporting evidence. Apple says this forced its counsel to cross-examine Wright “with one arm tied behind its back” since it did not have the financial statements that may have contradicted her testimony.