As anticipated, Apple has submitted a motion indicating its intention to request the Supreme Court to reconsider its recent defeat in the Epic Games lawsuit. Here are the specifics.
### A bit of background
Recently, the U.S. Court of Appeals for the Ninth Circuit unanimously dismissed Apple’s petition to re-examine a ruling that was in favor of Epic Games in its protracted dispute with the creator of Fortnite.
Apple contended that the ruling in question caused ambiguity concerning what charges it could legitimately impose for transactions conducted outside the App Store.
As mentioned last week:
> “To summarize, Apple highlighted two potential interpretations: one restricting it to only cover the direct expenses of supporting external purchases, whereas the other would permit it to take a wider commission related to the overall value of the App Store and its ecosystem.”
Taking this into consideration, Apple adopted a dual approach in its appeal. It sought a rehearing from the same trio of judges that initially reviewed the case, while also requesting an en banc examination by the complete Ninth Circuit.
Both propositions were rejected, ultimately leaving Apple with minimal options except to escalate the matter to the Supreme Court.
Now, Apple has indicated that this is its next step.
### Apple’s updated request
In a fresh submission to the court (via TechCrunch), Apple indicates that it will petition the U.S. Supreme Court to examine critical components of the ruling that determined it was in contempt regarding its App Store regulations.
For reference, in 2021, a court mandated Apple to permit developers to direct users to outside payment alternatives beyond the App Store. Years later, the court found Apple in violation, ruling that its 27% fee contradicted that order and necessitated modifications applicable to all U.S. developers, not just Epic Games.
In the recent filing, Apple asserts that the breadth of the remedy imposed on the App Store exceeds what courts are permitted to enforce, as the injunction enlarged the scope to encompass all developers instead of remaining focused solely on Epic Games.
Moreover, Apple is also seeking a stay on the ruling, intending to suspend any mandated alterations to its App Store operations while the Supreme Court deliberates whether to revisit the case again, after previously declining to entertain Apple’s earlier appeal in the same matter in January 2024.
In a statement given to TechCrunch, “a spokesperson for Epic Games, Natalie Munoz, referred to Apple’s motion to stay as ‘another delay tactic to obstruct the court from establishing significant and permanent restrictions on Apple’s ability to impose excessive fees on third-party payments,’ adding:
> “Courts have consistently deemed this illegal. […] Epic has received this feedback directly from numerous developers during our initiatives to provide Web Shops and similar features to them in competition with Apple. Due to Apple’s maneuvers, only a few courageous developers such as Spotify, Kindle, and Patreon have opted to take advantage of this right and deliver benefits to consumers. We will persist in opposing Apple’s efforts to diminish competition.”
To review Apple’s motion, click this link.
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