GoKawiilJudge Yvonne Gonzalez Rogers has approved Apple and Epic’s request to temporarily postpone key deadlines in their long-running App Store dispute. Here are the details.
Judge signs off on short delay
Last week, the US Supreme Court agreed to hear Apple’s appeal on whether it could be held in contempt for violating the “spirit” of an injunction that did not explicitly prohibit it from charging commissions on purchases made through external links.
That was part of the long-running dispute between Apple and Epic Games, which was also set to continue in the lower court, where Judge Yvonne Gonzalez Rogers would reconsider what commission, if any, Apple may charge on purchases made through external links.
When the Supreme Court decided to take up Apple’s appeal, the company signaled that it would ask the lower court to pause its proceedings until the justices issue a ruling.
This led Apple and Epic to file a joint request asking the lower court to postpone the existing deadlines for the external-link commission proceedings. Instead, the parties proposed new deadlines for Apple’s motion to put the case on hold until the Supreme Court issues its ruling.
Today, Judge Yvonne Gonzalez Rogers approved the request and the new schedule, under which Apple has until today, July 6, to file its motion to pause the proceedings. Epic must respond by July 10, and Apple must file a reply by July 13.
If Apple’s request to pause, or stay, the proceedings is denied, the company must file its external-link commission proposal within 24 hours of the judge’s ruling.
But if the request is granted, the lower-court proceedings would remain on hold while the Supreme Court considers Apple’s appeal over the contempt ruling.
And while the Supreme Court’s decision won’t determine what commission Apple may ultimately be allowed to charge, the company has argued that the stigma of a contempt finding could prejudice it in subsequent phases of the case, including the proceedings over what commission it may charge.
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