SAN FRANCISCO – In a dramatic legal maneuver, Apple has filed an appeal in the Ninth Circuit Court, contesting a recent district court order in its ongoing legal conflict with Epic Games. The tech giant is not only challenging the original ruling but is also requesting that the case be reassigned to a different judge should it return to the district court.
Immediate Impact
Apple’s appeal comes after a period of relative silence in the high-profile case, which has seen significant developments over the past few years. The latest filing, submitted on Monday, disputes the district court’s decision that prevents Apple from collecting commissions on in-app purchases made outside its ecosystem.
Key Details Emerge
According to Law360, Apple’s latest legal brief argues that the district court’s order unfairly penalizes the company for actions that are not illegal under California’s Unfair Competition Law (UCL). The brief asserts that civil contempt powers should enforce existing orders rather than impose new, harsher penalties.
“The district court’s new prohibition against any commission on sales facilitated by Apple’s own platform has no basis in the original injunction, is fundamentally unfair, violates the UCL, and amounts to a taking in violation of the U.S. Constitution,” Apple’s filing states.
Industry Response
The tech industry is closely watching this legal battle, as it could set significant precedents for app store operations and developer relations. Apple’s contention centers on its ability to charge a commission on purchases made through its platform, a practice it argues is essential for maintaining the App Store’s security and innovation.
By the Numbers
- 27% – Apple’s commission rate on purchases completed through external links.
- 2021 – Year when Epic won an injunction against Apple.
- April 2023 – Date when Apple was found in civil contempt.
What Comes Next
Apple’s appeal seeks to overturn several aspects of the district court’s ruling, including:
- Vacating the injunction that bans all commissions on external purchases.
- Striking down additional restrictions on steering, such as button design and disclosure templates.
- Reversing the civil contempt finding.
- Reassigning the case to a new judge if returned to district court.
Apple argues that reassignment is necessary to preserve the appearance of justice, claiming the original judge may struggle to remain impartial.
Background Context
The legal battle between Apple and Epic Games began in 2021 when Epic challenged Apple’s App Store policies, leading to a series of court rulings and appeals. The case has drawn significant attention due to its potential impact on app store economics and developer rights.
Expert Analysis
Legal experts suggest that the outcome of this appeal could have far-reaching implications for both tech companies and consumers. The balance between platform control and developer freedom remains a contentious issue, with potential consequences for app pricing and availability.
Future Implications
As the case progresses, the tech industry and legal analysts will be closely monitoring the developments. Apple’s commitment to appealing the order underscores its determination to maintain control over its App Store ecosystem, a crucial element of its business model.
An Apple spokesperson emphasized the company’s dedication to user trust and security, stating, “Apple has spent decades earning users’ trust in the security, privacy, and innovative technology that the App Store provides, and we’re deeply concerned that this injunction now prevents Apple from continuing to protect our users in important ways.”
Meanwhile, Epic Games has declined to comment on the latest appeal, leaving industry observers to speculate on the potential outcomes of this ongoing legal saga.
