Apple to ask US Supreme Court to undo App Store order in Epic Games case

Epic sued Apple in 2020, challenging the fee Apple imposes on in-app payments. Epic was seeking an injunction to stop Apple’s practice, not monetary damages. Rogers ruled against most of Epic’s claims, though did issue the order that Apple is contesting.

In appeals to the 9th Circuit, Epic challenged key parts of the judge’s ruling that favored Apple, while Apple challenged the order concerning the App Store. The 9th Circuit in April upheld most of the judge’s action. On Friday, the 9th Circuit rejected petitions from Apple and Epic urging the court to revisit its April decision.

Epic Games also can ask the Supreme Court to hear its appeal.

Epic in its appeal to the 9th Circuit had sought to revive its antitrust claims against Apple over its restrictive app distribution and payment services.

Apple’s attorneys in Monday’s filing said the 9th Circuit reached too far in issuing a nationwide injunction against Apple alleging that it violated a California state unfair competition law.

Apple said its petition in the Supreme Court that it will raise “far-reaching and important” questions about the power of judges to issue broad injunctions.

The case is Epic Games Inc v. Apple Inc, 9th U.S. Circuit Court of Appeals, No. 21-16506.