Epic Games Inc. has failed to force Apple Inc. to put Fortnite back in the mobile app store while the game developer continues its antitrust claims against the iPhone maker.

A federal judge in Oakland, Calif., On Friday rejected Epic’s offer to obtain a preliminary injunction that would have required Apple to reinstate the Battle Royale video game in the App Store. Apple removed Fortnite in August after Epic implemented a direct payment option for in-game purchases that bypassed Apple’s payment system.

This is Epic’s second setback in its lawsuit alleging that Apple runs its mobile app store as an illegal monopoly because developers are prohibited from making their iPhone and iPad apps available on their devices. own websites. Instead, Apple only allows downloads and payments through its App Store and takes 30% of the purchase price. The case is now due to go to trial next year.

In a consolation for Epic, the judge stuck to his earlier ruling that Apple cannot remove Epic’s Unreal Engine from its developer tools program because the software program used by third-party developers cannot not part of anti-trust.

Apple did not immediately respond to a request for comment.

Unreal Engine is a suite of software used by developers to create 3D games and other products. Cutting Epic from Apple’s iOS and Mac development tools would mean the games company can no longer distribute Unreal Engine to other developers, Epic said. Microsoft Corp., which makes the Xbox, uses technology for games developed for consoles, PCs and mobile devices, and is backing Epic in court.

Apple has said that Epic CEO Tim Sweeney is seeking a “side” deal for an exclusive storefront for Fortnite, a move that Apple executives say would fundamentally change how the App Store works. Sweeney maintains that he was not asking for special treatment but that Apple make the same option available to all developers.

The case is Epic Games Inc. v. Apple Inc., 20-cv-05640, US District Court, Northern District of California (Oakland).