Sean Hollister

“Some of them told Google they were going to compete against the Play store, and Google paid them not to do so.”

Bornstein admits “Google was too clever” to actually draw up contracts forcing devs not to compete with the Play Store but says Riot Games agreed not to compete.

“We have previously said that we don’t make money from [Android Market, the previous name for Google Play]. We are now lying,” the email snippet read.

Back in the day, Google said “we do not take a percentage.” Now, apps make Google $12 billion a year with a 70 percent profit margin, says Epic.

“Fortnite was the biggest game in the world, Google knew it was not an unknown app,” says Bornstein. “Google called it unknown so it could put up warnings just like those.”

“They’re not allowed to use their power to stop everyone from trying. The law draws a line.”

He says he’ll also show evidence during the trial that Google knows its up to 30 percent cut of Android app transactions is too high.

“Google pays actual and potential competitors not to compete. Literally gives them money and other things of value.”

“It’s like Google saying here’s $360 million — that’s an actual number you’ll hear about — why don’t you sit this one out and let me win?”

Bornstein says Google will argue that the Samsung app store comes installed on 60 percent of all phones, but it’s only an orange sliver on the chart.

“That is all that Samsung, the largest OEM by far, has been able to achieve.”

Jurors can ask clarifying questions during trial; they can’t speak to anyone else, though, so you won’t see me chasing down a juror for an interview.

I talk about this a tad more here.

“You must decide the case solely based on the evidence before you.”

If you want to see what jury instructions look like, these were the proposed jury instructions for this trial.