Day 3 in Epic v Apple trial has begun with slightly painfully obvious testimony by Microsoft exec Lori Wright explaining why Microsoft doesn't consider Xboxes substitutable for iPhones. You gotta plug an Xbox into the wall for one, she explains.
Judge Gonzalez Rogers just sustained an objection to Wright testifying on certain iOS app numbers that she said have been reported by the press.
Judge: "Just because something is in the press, doesn’t make it true."
(No one bats a thousand.)
Apple's counsel just impeached Wright on how much Microsoft makes from Epic. She had said in her depo that her "ballpark" estimate is that Microsoft makes $600-$700 million net revenue from Epic. Epic's atty said the info isn't public. "She just made it public" the judge replied.
Once again, the audio in Epic v Apple is muffled and at moments it's incredibly difficult to understand the testimony via audio stream. Shocking how a trial over advancements in technology has such trouble getting the courtroom tech right.
Apple's atty has been grilling Wright on Microsoft's commissions and restrictions on developers who sell games & apps on Xbox and Windows stores. He also tried to cast doubt on her credibility, suggesting she didn't hand over docs before her depo. It's a tense examination.
• • •
Missing some Tweet in this thread? You can try to
force a refresh
Morning! I'm covering the super rare class action securities trial against Elon Musk and Tesla today over Musk's 2018 tweets about taking Tesla private at $420 per share. Openings were earlier this week and Musk is expected to take the stand at some point - prob not today though.
Today's the 2nd day of trial, and class rep Tim Fries is on the stand. He says he lost $5k after investing in Tesla following Elon Musk's false tweet that he had secured funding to take Tesla private. ICYMI, my colleague @bonnieeslinger covered openings. law360.com/articles/15668…
The trial is over billions of $ in damages that a class of thousands of $tsla investors claim they lost following Elon Musk's August 2018 tweets. The judge already found the tweets were false. Jurors are deciding whether Musk, Tesla and its board are liable and how much they owe.
Good morning from San Jose! I'm waiting outside Judge Ed Davila's courtroom to cover the last day of the high-stakes hearing over the FTC's bid to block Meta's merger with VR app maker Within. Mark Zuckerberg just walked down the hallway. Looks like he'll be taking the stand.
The terms of Meta's deal haven't been publicly disclosed, but Judge Davila basically needs to decide whether to grant the FTC's request to block it by Dec. 31. Here's my latest recap of the legal fight over antitrust claims in the VR industry. law360.com/articles/15596…
We're all in the courtroom waiting for the hearing to start. The many reporters are all packed into three rows in the gallery that are designated for the public. The rest are reserved for attorneys or the parties. It's a tight squeeze.
I'm in San Jose for another day of the hearing over the FTC's bid to block Meta from buying VR fitness-app maker Within. Meta's CTO Andrew "Boz" Bosworth is on the stand, and the judge just warned folks there's no recording allowed and there's a U.S. Marshall here if they do.
I won't be live tweeting Boz's testimony unless something super notable happens, but today is day 6 of the 7 day hearing, which so far has been a lot of testimony about the future of Facebook, VR, Mark Zuckerberg's goals and (perhaps inevitably) Pokemon. law360.com/articles/15593…
Ha, Boz just threw Apple under the bus. He said one reason Meta wanted to buy Within's fitness app is b/c there were rumors Apple would buy it, and Apple has a history of making apps exclusive to Apple products (which theoretically could be an antitrust violation).
Good morning from San Jose! I’m waiting outside Judge Ed Davila’s courtroom for Sunny Balwani’s sentencing to start. The court is handing out tokens again to get a seat (the numbers don’t seem to matter), even though there’s not really a crowd here.
Balwani and his Orrick attorneys just arrived to the courthouse and went into a room adjacent to Judge Davila's courtroom. He was not smiling.
Balwani's brothers & family members just arrived. The clerk let them into the courtroom, and some of us media folks followed, but then she kicked us out and said only attorneys and the defendant's family are currently allowed inside. Hard to keep track of these courthouse rules.
Good morning from San Jose! It’s 5:40 a.m. and I’m wide awake, waiting outside the San Jose federal courthouse for Elizabeth Holmes’ sentencing hearing, which is set to begin in just over 4 hours. I’m the 30th person here. Standby for tweets…
I spoke to a lotta white collar attorneys yesterday about what we should expect today. They predict Elizabeth Holmes will get b/w 5-10 years, which is less than prosecutors' 15-year request and more than Holmes' home confinement bid. Read all about it: law360.com/articles/15505…
We've got a lotta time to kill before Elizabeth Holmes' sentencing begins at 10 a.m., but she's already trending on Twitter. It's going. to. be. a. long. day.
Good morning from San Jose! A year ago we were half-way through Elizabeth Holmes' criminal fraud trial & ex-Theranos lab director Adam Rosendorff's 6-day exam had wrapped. Today he's back on the stand for an evidentiary hearing into alleged gov't misconduct. Stand by for tweets!
Seasons shift, years pass, presidential administrations change, pandemics come and go, but it is October 2022 and here I am still covering Elizabeth Holmes' criminal fraud case before the trial court.
I'm sitting outside Judge Ed Davila's courtroom waiting for the clerk to open the door. Elizabeth Holmes just arrived walking down the hall holding hands with her partner Billy Evans, and they disappeared into a side room. Her attorney Lance Wade followed.