The ongoing dispute between Epic Games and Apple will go to trial in May 2021, but both sides are preparing by requesting testimonies and depositions, Apple Insider reported on Monday. 

In the latest of a series of hearings regarding the preparations, a judge has denied Apple's request that Tim Cook be excused from deposition. 

According to legal news site Law360, US Magistrate Judge Thomas S. Hixson has disagreed with Apple's legal argument, claiming that it "limits the length of a deposition, rather than barring it altogether." 

He also concluded that Apple's compromise offer of four hours deposition was inadequate, because the case has "less than meets the eye." 

"[In] these three antitrust actions," says the court's conclusion, according to Law360, "the facts of the case go way beyond the historical facts of what happened when. There is really no one like Apple's CEO who can testify about how Apple views competition in these various markets that are core to its business model." 

In the same hearing, Judge Hixson denied Apple's request to subpoena internal documents from Samsung. Noting that Samsung is not a party to the case, the judge described Apple's request as "almost quirky." 

Apple had reportedly argued that the documentation would show how Samsung distributes "Fortnite," the Epic Games title at the heart of the dispute.