GoKawiilUpdate, 8:21 p.m. ET: After the court granted Apple’s motion to stay the decision, Epic filed a motion asking the Ninth Circuit to reconsider that order, and another asking it to deny Apple’s request for a stay altogether. Find the new details below.
As expected, Apple has filed a motion signaling that it plans to ask the Supreme Court to review its latest setback in the Epic Games case. Here are the details.
A bit of context
A few days ago, the U.S. Court of Appeals for the Ninth Circuit unanimously denied Apple’s request to revisit a decision that favored Epic Games in its longstanding battle with the Fortnite developer.
The decision in question, Apple argued, created confusion around what it would actually be allowed to charge for purchases made outside the App Store.
As we covered last week:
“In a nutshell, Apple pointed to two possible interpretations: one limiting it to charging only the direct costs of supporting external purchases, while the other would allow it to collect a broader commission tied to the value of the App Store and its ecosystem.”
With that in mind, Apple pursued a two-pronged strategy in its appeal. It asked for a rehearing before the same three-judge panel that originally heard the case, and also sought an en banc review by the full Ninth Circuit.
Both requests were denied, effectively leaving Apple with little recourse short of taking the case to the Supreme Court.
Now, Apple has signaled that it will do just that.
... continue reading