Apple Inc. has accused Epic Games Ltd.’s lawsuit as being a “campaign to reinvigorate interest in Fortnite” in its latest filing in the battle between the two companies.

The 37-page filing Tuesday was filed in opposition to Epic’s application for a preliminary injunction that would force Apple to restore Fortnite to the App Store. Apple does not hold back, accusing Epic’s damages of being “entirely self-inflicted.”

“Epic started a fire, and poured gasoline on it, and now asks this Court for emergency assistance in putting it out, even though Epic can do so itself in an instant by simply adhering to the contractual terms that have profitably governed its relationship with Apple for years,” the filing states.

Apple once again argues that it is not being anticompetitive and has every right to enforce its own rules, noting that Epic has benefited in the past while complying with them. The filing states that Epic could have avoided “further harm involving both Fortnite and Unreal Engine” with a press of a button.

Where it gets even more interesting in a battle that has already been colorful to date is the accusation by Apple that Epic was undertaking the lawsuit as a way to gain publicity for Fortnite. “For reasons having nothing to do with Epic’s claims against Apple, Fortnite’s popularity is on the wane,” Apple’s filing states. “By July 2020, interest in Fortnite had decreased by nearly 70% as compared to October 2019. This lawsuit (and the front-page headlines it has generated) appears to be part of a marketing campaign designed to reinvigorate interest in Fortnite.”

The figure quoted by Apple references on page 17 of the filing a search of Google Trends as of Sept. 14, but immediately it’s clear that the claim, while not incorrect, is cherry-picking stats, even putting aside that Google Trends measures Google search data and not actual user numbers.

The starting number used by Apple in October 2019 saw an unusually large peak in search volume at around the same time as the introduction of Chapter Two, Season One of Fortnite. Compared with the 12-month low on Feb. 9-15, current interest in Fortnite per Google Trends is up 56%, with interest fairly steady in between those times.

To make a fair claim that interest in Fortnite was waning, user numbers would be a better metric. Although Fortnite has over 350 million registered users as of May, active users are difficult to ascertain. Epic previously stated that players spent 3.3 billion hours in-game in April. That figure is repeated in its lawsuit, but how many there are today is the question and, with Apple blocking Fortnite, the number is dropping.

The battle between the two companies started with Epic filing a lawsuit against Apple Aug. 13 alleging that the App Store is an illegal monopoly after Fortnite, the world’s most popular game, was banned. That move came after Epic added support for direct in-app payments, a breach of Apple’s terms and conditions. Apple countersued Epic Sept. 9 claiming that the company was in breach of contract.

Images: Needpix/Google Trends