Apple has announced its intention to seek the involvement of the US Supreme Court in challenging a judge’s order related to the Epic Games antitrust lawsuit, Reuters is reporting.
The order, if enforced, could potentially require Apple to modify its payment practices within the App Store.
In a court filing, Apple expressed its plan to appeal a ruling issued by the 9th US Circuit Court of Appeals in San Francisco last Friday.
The ruling upheld the majority of the order issued in 2021 by US District Judge Yvonne Gonzalez Rogers. Apple aims to present its case to the Supreme Court justices for consideration.
Judge Gonzalez Rogers’ order prevents Apple from prohibiting developers from including links and buttons in their apps that redirect users to payment options outside the App Store.
Epic Games, the creator of Fortnite, initiated the lawsuit against Apple in 2020, primarily challenging the fees imposed by Apple for in-app payments.
The lawsuit sought an injunction to halt Apple’s practices rather than monetary damages. Although Judge Rogers ruled against most of Epic’s claims, she did issue the order that Apple is currently contesting.
During the appeals process, Epic Games contested significant aspects of the judge’s ruling that favored Apple, while Apple challenged the specific order regarding the App Store.
In April, the 9th Circuit largely upheld the judge’s decisions. Recently, the 9th Circuit rejected petitions from both Apple and Epic Games, urging the court to reconsider its April ruling.
Epic Games also has the option to request the Supreme Court’s involvement in its own appeal.
In its appeal to the 9th Circuit, Epic Games aimed to revive its antitrust claims against Apple, particularly concerning Apple’s restrictive app distribution and payment services.
Apple intends to raise significant questions about the extent of judges’ power to issue broad injunctions in its petition to the Supreme Court.
