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Google: “Any ruin Myth has suffered will not be very to any extent additional irreparable and is of its defend making”

Impulsively after heart of the night Pacific Time, Myth Video games and Google filed with the US District Court docket of the Northern District of California their joint case administration commentary in preparation of subsequent Thursday’s case administration convention in San Francisco (this put up continues under the doc):

20-10-02 Myth v. Google Joi… by Florian Mueller

It’d be an exaggeration to say that Google is stalling, nonetheless Myth is totally additional attracted to getting its day(s) in court docket on the earliest different. Even Myth realistically is attentive to that its antitrust litigation in opposition to Google goes to resolve longer than its case in opposition to Apple the the same district. Myth Video games v. Apple turn into once deemed associated to a pair of diversified circumstances, in particular the the same inclined Pepper case, pending forward of Contemplate Yvonne Gonzalez Rogers on the diversified side of the Bay Bridge. Finally of the Pepper case, the Supreme Court docket compulsory to accumulate to the bottom of the quiz of antitrust standing forward of the case would perhaps perchance effectively presumably additionally even lunge to trial. Now Contemplate Gonzalez Rogers seeks to are making an attempt and adjudicate these circumstances without display. But Contemplate James Donato over in San Francisco is easy every so often applicable getting started with this.

Google will raise a hasten to brush off, which in general is the earliest procedural stage at which the court docket would perhaps perchance effectively presumably additionally reject Myth’s complaint. Myth asks the court docket to separate the hasten-to-dimiss processes in Myth’s case from the class actions. I imagine we will have the chance to conception that sample all once once more and all once once more: Myth, which has mountainous resources when in contrast with class motion law companies and has enlisted unquestionably one of the very most appealing antitrust lawyers of the US, is the anti-Apple and anti-Google plaintiff now, and does no longer need any delays, distractions, or dumbing-exact down to consequence from mixing its case too out of the customary with the circumstances that are applicable about money (in particular for these class motion lawyers).

What Myth additionally asks the court docket to raze is to let discovery create even whereas Google’s hasten to brush off will most likely be pending. Google, nonetheless, would treasure the court docket to adjudicate its hasten to brush off first. Myth argues that discovery wants to be stayed in that speak fully if, for the reason that the same district court docket held in yet yet every other case (In re Valence Tec. Sec. Litig.) in 1994, a defendant makes a legit exhibiting of a internal the mean time deficient complaint and, therefore, is apparently to be successful on a hasten to brush off. Myth does no longer conception that appropriate right here, as its complaint « broadly wanted components Google’s anti-aggressive habits. »

With out taking a neighborhood appropriate right here and now on whether or not or no longer Google’s conduct completely is « anti-aggressive, » I raze accept as precise with Myth that its complaint does no longer appear deficient. It be bright to deem the complaint might well perhaps per chance be thrown out, and even a dismissal without prejudice (permitting Myth to additional make stronger it) does no longer appear apparently at this stage.

Myth’s proposed agenda envisions the trial to begin on February 28, 2022. Google has no longer counsel an diversified agenda and merely complains that Myth’s lawyers made this proposal without making sufficient of an effort to chat referring to to the total agenda with Google.

Myth wants this case to lunge to trial reasonably impulsively and claims to be struggling irreparable ruin as a consequence of Google having thrown Fortnite out of the Google Play Retailer. But applicable treasure Apple, Google views this as a self-inflicted ruin:

« Google additionally has no longer retaliated in opposition to Myth, any ruin Myth has suffered will not be very to any extent additional irreparable and is of its defend making. »

To this level, Myth has neither launched nor launched a hasten for a preliminary injunction in opposition to Google. By distinction, Myth sought and obtained–though applicable over Unreal Engine and no longer Fortnite–a momentary restraining repeat in opposition to Apple, and a call on its hasten for a preliminary injunction can attain down anytime now (the PI hearing turn into once held on Monday and didn’t lunge too successfully for Myth).

Even Myth’s defend proposed agenda–which is ready to additionally be too courageous for the court docket to undertake–would display that the Google trial will happen about seven months after the Apple trial. If Myth believes or not it’s struggling irreparable ruin at some level of all of that time, it would appear logical for Myth to raise a PI hasten in opposition to Google as successfully.

There are, nonetheless, two differences:

  • While Myth argues that access to the Google Play Retailer is required, this can no longer accumulate the « wanted facility » roughly argument it made in opposition to Apple, as Google permits sideloading, and there are diversified Android app stores such for the reason that ones operated by Samsung (internal the submitting, Google notes that « the Samsung Galaxy Retailer […] comes preloaded on potentially the most every so often inclined Android devices »), Huawei, and Amazon.

  • Myth’s evaluation would perhaps perchance effectively presumably additionally exact very successfully accumulate confirmed that or not it goes to be even more challenging to persuade the court docket of the merits of its case in opposition to Google. As for the diversities between the comfortable theories and truth patterns internal the two circumstances, let me refer you to an earlier put up (my most veteran put up on the « AppRising » as plenty as now).

Modify to @FOSSpatents

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