Day: May 7, 2026

The US Supreme Court declined Apple’s request today that aimed to momentarily suspend the Epic Games case from going back to the District Court for hearings intended to determine the commission rate it may levy for off-App Store transactions. Below are the specifics.

### A little background

Earlier this week, Apple submitted a petition to the Supreme Court requesting a stay on the Ninth Circuit’s order that sends the Epic Games case back to the District Court.

In its submission, Apple contended that in 2025, it was incorrectly found in contempt of a 2021 injunction concerning off-App Store purchases. At that time, Apple was imposing a 27% commission on off-App Store transactions, as the court’s 2021 ruling did not clarify whether Apple was permitted to impose such fees.

From the verdict, as Apple indicated in its plea to the Supreme Court:

> Apple Inc. and its officers, agents, servants, employees, and any individual in active collaboration or participation with them (“Apple”), are hereby permanently restrained and enjoined from preventing developers from (i) incorporating in their apps and their metadata buttons, external links, or other calls to action that lead customers to purchasing mechanisms, in addition to In-App Purchasing and (ii) communicating with customers through points of contact obtained voluntarily from customers via account registration within the app.

When Apple brought the case to the Ninth Circuit Court of Appeals, the court concluded that Apple was permitted to charge a commission, delegating the determination of the amount to the District Court.

This prompted this week’s application, where Apple requested the Supreme Court to halt the case from returning to the District Court, based on arguments such as:

– The contempt classification is unwarranted, as the 2021 injunction did not address App Store fees;
– This undue contempt classification in the records is unfairly damaging its stance in the remand proceedings;
– The injunction incorrectly extends beyond Epic Games to all developers on the App Store’s U.S. platform.

Apple further noted that with “(r)egulators globally (…) observing this case to establish the commission rate Apple ought to be allowed to charge,” any alleged procedural error or unfavorable ruling against it would adversely affect the company’s prospects for equitable trials elsewhere.

This reasoning was promptly highlighted by Epic Games CEO Tim Sweeney as, in his words, validation that “Apple’s ongoing 5 years of delay tactics in the US judiciary – culminating in the Contempt of Court finding against them and the criminal referral for providing false testimony – is clearly aimed at delaying worldwide relief for developers and consumers.”

### Returning to today

Today, the US Supreme Court denied Apple’s plea to postpone the case from returning to the District Court, as Apple prepares a formal motion for the Supreme Court to review the matter.

As reported by Reuters:

> Justice Elena Kagan, representing the court, declined to suspend a ruling from the San Francisco-based 9th U.S. Circuit Court of Appeals that deemed Apple in contempt in the Epic lawsuit challenging App Store fees.

The court’s ruling followed Epic Games’ filing of a response opposing Apple’s application earlier today, arguing that Apple did not demonstrate any irreversible harm, as participation in remand proceedings while seeking Supreme Court review did not warrant a stay.

Epic also contended that further delaying the case would continue to detriment developers and consumers by maintaining ambiguity regarding the commission Apple can impose on linked-out purchases, a point the company also raised to the Ninth Circuit in response to Apple’s request to stay the verdict.

Given the current situation, the pathway is clear for the case to revert to U.S. District Judge Yvonne Gonzalez Rogers, with proceedings regarding Apple’s off-App Store commission anticipated to resume soon.

For now, Apple still cannot impose commissions on linked-out purchases until the District Court sanctions a new rate. The company, however, is still expected to request the Supreme Court to engage with the dispute.

**Apple Leads Smartphone Market Revenue in Q1 2026**

A recent initial report from Counterpoint Research shows that Apple has attained extraordinary success in the smartphone sector during the first quarter of 2026, securing nearly half of the total market revenue. This accomplishment is paired with a record average selling price (ASP) for the company in this timeframe.

### Success of the iPhone 17 Lineup

Counterpoint Research reveals that Apple established two notable revenue milestones in Q1 2026. The company captured 48% of the overall smartphone market revenue, marking its highest-ever share for a first quarter. Furthermore, Apple witnessed the quickest year-over-year revenue growth among prominent smartphone manufacturers, with its share rising from 43% in the prior year.

In contrast, Samsung occupied a distant second position with an 18% revenue share, followed by OPPO (including OnePlus and realme) at 6%, Xiaomi at 5%, and vivo at 4%.

The report underscores that the overall ASP in the smartphone sector increased by 12% year-over-year to $399, fueled by elevated smartphone prices amid a persisting memory crunch. Apple, however, achieved an impressive Q1 average selling price of $908, even while maintaining consistent iPhone prices as many competitors, including Samsung, raised theirs.

### Shipment Shares

As per the report, Apple and Samsung were equal in shipment share, each representing 21% of the market. Xiaomi trailed in third place with a 12% share, while OPPO and vivo accounted for 10% and 7%, respectively.

Jeff Fieldhack, Research Director at Counterpoint, remarked on Apple’s performance, stating, “Apple’s growth was fueled by sustained demand for the base iPhone 17 and iPhone 17 Pro Max, with a stronger mix of these models boosting Apple’s overall ASP by 11% YoY. Unlike its rivals, Apple largely maintained stable pricing despite rising BOM costs, demonstrating its capability to absorb cost pressures and remain insulated from the memory crisis, which bolstered its competitive stance during the quarter. Regionally, Apple recorded widespread vigor, particularly across the Asia-Pacific region, propelled by subsidies, promotions, and trade-in offers.”

### Future Perspective

The report indicates that while smartphone shipments are projected to keep declining throughout 2026, the ASP is expected to increase due to price pressures from the memory crunch. A significant market recovery is predicted only in late 2027.

For additional information, the complete report by Counterpoint Research can be accessed [here](https://counterpointresearch.com/en/insights/Global-Smartphone-Revenues-Up-8-percent-YoY-in-Q1-2026).

# iPhone 18 Pro and Pro Max: Expected Design Modifications

The iPhone 18 Pro and Pro Max are anticipated to debut this autumn, introducing a variety of fresh features and design modifications that have generated considerable speculation. Below are the primary design revisions that leaks suggest we may see.

## 1. Coordinated Rear Glass and Aluminum Tones

A significant design alteration is the shift towards a unified color palette for the rear glass and aluminum. The iPhone 17 Pro showcased a bifurcated design that elicited mixed feedback from consumers. As per leaker Instant Digital, the iPhone 18 Pro series will present a revamped back glass that reduces the color disparity between the glass and the aluminum rear panel, resulting in a more cohesive and integrated appearance. This modification aims to respond to the preferences of users who found the previous two-tone design less attractive.

## 2. Dynamic Island Reduces Size

The front design of the iPhone 18 Pro has also captured attention. Although the screen dimensions are predicted to stay in line with their predecessors, the size of the Dynamic Island cutout is believed to shrink. Recent leaks indicate that the updated Dynamic Island will be roughly 35% smaller compared to that of the iPhone 17 Pro. While earlier rumors hinted at a possible hole-punch design, it seems that Apple will maintain the Dynamic Island, with certain Face ID elements being moved beneath the display.

## 3. Vibrant New Colors

Building on the popularity of vibrant color choices in the iPhone 17 Pro, Apple is likely to pursue this trend further with the iPhone 18 Pro. The Cosmic Orange shade was especially well-received, leading the company to investigate additional lively shades. Speculated new color options for the iPhone 18 Pro include Light Blue, Dark Cherry, Silver, and Dark Gray. The Dark Cherry shade, characterized as a mixture of burgundy, coffee, and deep purple, is expected to be a highlight in Apple’s promotional campaigns.

As the release date nears, enthusiasm grows regarding these rumored design modifications for the iPhone 18 Pro and Pro Max. Users and fans are eager to discover how these enhancements will improve the overall user experience and visual charm of Apple’s flagship products.