Apple said it will ask the US Supreme Court to review a recent contempt finding tied to its App Store policies, and it has asked the Ninth Circuit to pause the lower court’s mandate while it prepares that appeal.
The move follows a 2021 injunction that required Apple to let developers link users to external payment options, and a later contempt ruling that found Apple’s 27% App Store fee undermined that order.
In a filing, Apple argues the remedy imposed on the App Store is broader than courts may enforce because it applies to all American developers rather than only Epic Games, and it is seeking a stay to delay any required changes while the Supreme Court decides whether to hear the case, according to the filing.
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The Ninth Circuit has granted Apple’s motion to stay the mandate while Apple prepares its Supreme Court appeal, and Epic Games has filed two responses: a motion asking the Ninth Circuit to reconsider that grant and a separate opposition to Apple’s stay request.
A spokesperson for Epic Games, Natalie Munoz, called Apple’s motion to stay “another delay tactic to prevent the court from establishing significant and permanent bounds on Apple’s ability to charge junk fees on third-party payments,” the company said.
The recap
- Ninth Circuit denied Apple's rehearing and en banc review requests
- Lower court said Apple’s 27% App Store fee breached injunction
- Apple seeks Supreme Court review and obtained a temporary stay