Apple is not in any danger of losing their lawsuit with Epic. However, it did not make sense why Epic was paying the same amount of fees as an indie developer.
I said it before, but Epic went about this all wrong. They should have started this out as a grass roots campaign focused on their indie devs that licensed Unreal.
Epic should have advocated for Apple to reduce low revenue App Store royalty payments to these people. Then used that win as a springboard toward trying to get their own reduced as well.