A federal judge denied a request from Epic Games to force Apple to reinstate Epic’s Fortnite game on the App Store while awaiting the results of an antitrust lawsuit.

U.S. District Court judge Yvonne Gonzales Rogers also ruled in favor of Epic, permanently granting a prior temporary order that stops Apple from retaliating against Epic by removing support for Epic’s Unreal Engine.

The antitrust lawsuit began August 13 when Epic announced a discount policy and direct payment mechanism for Fortnite that Apple and Google said violated their respective terms of service. Epic CEO Tim Sweeney has long argued that the 30% commissions the big companies take of every game transaction is unfair and that Epic should be able to directly sell its in-app goods to players for lower prices. Epic only charges 12% as a fee for developers in its own store.

After Epic modified the iOS version of Fortnite so players could make direct payments to Epic for virtual goods — without paying Apple its 30% — Apple kicked Fortnite out of the App Store. It also said that it would no longer provide support for Epic’s Unreal Engine. Epic then asked the judge in Oakland, California, to reinstate Fortnite and prevent Apple’s Unreal action.

The mixed ruling means that Epic will likely lose revenues from Fortnite’s ban on iOS during the course of the antitrust trial, but it means that Epic’s Unreal Engine customers don’t have to worry that their games will no longer work on Apple’s iOS and Mac platforms because Apple pulled technical support.

Epic can still reinstate Fortnite at some point in the future by taking out the direct payment modification that caused the ban. But it’s unclear whether Apple would allow it or make Epic wait for a penalty period.

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