Apple Seeks Supreme Court Review of Ninth Circuit Epic Ruling

*The Ninth Circuit opinion that Apple now wants the Supreme Court to overturn addressed whether an injunction on App Store commissions should cover only Epic Games or extend to all U.S. developers.*

The Ninth Circuit issued its ruling in the long-running Epic v. Apple litigation. Apple has filed a petition asking the Supreme Court to take the case and reverse parts of that decision. The petition focuses on the scope of relief ordered by the lower courts.

The Ninth Circuit opinion opens with a summary written for the convenience of readers. On page 50 the court takes up Apple’s argument that the Supreme Court’s decision in Trump v. CASA limits any injunction on commissions to Epic Games itself. Apple contends the injunction should not automatically apply to every developer who offers apps through the U.S. App Store.

The ruling therefore leaves in place a broader remedy while recording Apple’s objection to that breadth. The company’s current Supreme Court filing seeks to narrow the practical effect of the injunction on its commission policies.

The disagreement centers on how far a single plaintiff’s victory should reach inside a platform that serves millions of other developers. If the Court accepts the case, the outcome will determine whether changes to App Store terms stay narrow or become market-wide.

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Sources:

• Daring Fireball

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