Fortnite wo n’t be coming back to the app store any time soon. Judge Yvonne Gonzales Rogers refused to grant Epic games a preliminary injunction against Apple that would force the game developer to reinstate Fortnite.

Epic is banned from publishing new games on iOS and can not distribute Fortnite on the app store in its current form. The state of affairs will remain in place for the length of the trial – unless epic decides to remove its own in-app payment mechanism.

Today’s decision prevents Apple from revoking epic’s developer tools in a way that could have harmed its broader business.

‘the public interest weighs overwhelmingly in favor of Unreal engine and the epic affiliates,’ the judge said. The judge kept epic’s Unreal engine business from being harmed.

‘Epic games is grateful that Apple will continue to be barred from retaliating against Unreal engine and our game development customers as the litigation continues,’ an epic spokesperson said.’we will pursue all avenues to end Apple’s anti-competitive behavior,’ he added.

An Apple spokesperson said that epic’s actions were not in the best interests of its own customers. For twelve years, the app store has been an economic miracle, creating transformative business opportunities for developers large and small.

The Fortnite developer’s antitrust case against Apple was brought against Apple in August. Epic filed its lawsuit in August and has been accused of dishonest behavior that may prove the company poses a security risk to the iOS platform.

‘you lied about it by omission, by not being forthcoming,’ says Rogers. Walled gardens and their standard 30 percent cuts are commonplace in the game industry.

Rogers said the case should likely go to a jury to decide.’it is important enough to understand what real people think,’ he said.

The likelihood this case sees numerous appeals is high. Appellate courts are more likely to uphold a jury decision when appealed. That could avoid the case bouncing between courts for years to come.

In September, companies like epic, Spotify, Tile, and the match group created the Coalition for app fairness, which will try’defend the fundamental rights of creators to build apps and to do business directly with their customers’.