This illustration picture shows a person logging into Epic Games' Fortnite on their smartphone in Los Angeles on Aug 14, 2020. (CHRIS DELMAS / AFP)

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

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A federal judge in Oakland, California, on Friday rejected Epic’s bid for a preliminary injunction that would have required Apple to reinstate the battle royale video game in the App Store -- and allowed Epic to use its own payment option. Apple had removed Fortnite in August after Epic set up a direct-pay option for in-game purchases that circumvented Apple’s pay system.

It’s Epic’s second setback in its lawsuit alleging that Apple runs its app store as an illegal monopoly because developers are barred from making their iPhone and iPad apps available through their own websites

It’s Epic’s second setback in its lawsuit alleging that Apple runs its app store as an illegal monopoly because developers are barred from making their iPhone and iPad apps available through their own websites. Instead, Apple allows only downloads and payments through the app store, and takes 30 percent of the purchase price. The case is now headed for trial next year.

The judge previously issued an emergency order that allowed Apple to pull Epic’s titles from the App Store but barred the iPhone maker from taking any action that would harm Epic’s developer tools.

“Epic Games has strong arguments regarding Apple’s exclusive distribution through the iOS App Store, and the in-app purchase (“IAP”) system through which Apple takes 30% of certain IAP payments”, the judge said in Friday’s ruling.

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However, she added that Epic Games has not sufficiently addressed Apple’s counter arguments. “The equities, addressed in the temporary restraining order, remain the same.”