CARY – Epic Games and Apple will get a trial before a judge and no jury next May.

That’s according to a filing made by US District Court Judge Yvonne Gonzalez Rogers, who is handling the bitter antitrust dispute between Epic Games and Apple – former business partners – over fees charged on sales through Apple’s app store.

Both companies had requested in a joint statement that there be no jury trial, and Rogers concurred.

The trial is set to begin on May 3 following a pre-trial conference on April 21, according to the filing.

“The Court will determine closer to the trial date whether the bench trial will be conducted in person or virtually or some combination thereof,” the judge wrote.

“Production of exhibits to the Court will be impacted depending on the resolution of this issue.”

Next step comes Oct. 19.

“In preparation for the case management conference scheduled for October 19, 2020, the parties should meet and confer and formulate recommendations to streamline trial issues and briefing, including whether briefing on certain legal issues should be staged in advance of the trial,” the judge wrote.

Read the full filing online.