The U.S. Supreme Court docket has formally scheduled oral arguments in Apple’s enchantment in its long-running authorized battle with Epic Video games. Listed below are the main points.
A little bit of background
Again in 2020, Epic Video games sued Apple after Fortnite was faraway from the App Retailer for introducing another in-app cost system by way of a remotely activated replace.
The next 12 months, regardless of ruling in Apple’s favor on 9 of Epic’s ten claims, Choose Yvonne Gonzalez Rogers dominated that Apple may now not stop builders from directing customers to different cost choices exterior the App Retailer.
In consequence, Apple modified its guidelines to permit exterior buy hyperlinks, however imposed a fee of as much as 27% on transactions accomplished by way of them, together with restrictions on how these hyperlinks could possibly be offered.
Epic challenged Apple’s implementation, and the district court docket agreed. In April 2025, Choose Rogers ordered Apple to take away these restrictions and cease charging commissions on purchases made exterior the App Retailer, discovering the corporate in civil contempt for violating the unique injunction.
Since then, Apple has allowed builders to direct customers to exterior cost choices within the US App Retailer with out charging a fee, whereas persevering with to problem the contempt ruling.
After unsuccessful makes an attempt earlier than the Ninth Circuit Court docket of Appeals, Apple finally took its case to the Supreme Court docket, which agreed in June to assessment whether or not Apple could possibly be held in contempt for violating the “spirit” of an injunction, even when its textual content didn’t particularly prohibit the conduct in query.
Importantly, the Supreme Court docket will solely assessment the civil contempt ruling, not how a lot, if something, Apple can cost builders for purchases made exterior the App Retailer. That situation is being dealt with individually by the district court docket, after the Ninth Circuit overturned the blanket ban on commissions in December.
SCOTUS units listening to date
Earlier at this time, the Supreme Court docket’s official docket for the case was up to date with a date for oral arguments.
In response to the submitting, Apple and Epic Video games will current their arguments earlier than the Supreme Court docket on Monday, January 11, 2027, although each side have already outlined lots of their arguments in latest filings.
In September, Apple filed its opening temporary with the Supreme Court docket, arguing that the contempt ruling must be overturned as a result of the unique injunction didn’t explicitly prohibit it from charging commissions on purchases made exterior the App Retailer.
In its temporary, Apple cited a number of court docket selections to help its argument {that a} social gathering can’t be held in civil contempt until an injunction clearly prohibits the conduct in query.
Just a few days after Apple’s submitting, the US Division of Justice and several other authorized and enterprise teams additionally submitted briefs supporting at the least a part of the corporate’s argument.
The DOJ, nevertheless, additionally argued that the decrease courts had been proper to carry Apple in contempt over a few of its restrictions on exterior buy hyperlinks, together with a requirement that builders use what Apple known as “plain buttons,” which couldn’t have contrasting backgrounds.
With the listening to now scheduled, the case is one step nearer to a remaining choice from the Supreme Court docket. Nevertheless, each side nonetheless have some paperwork to submit earlier than then, as Epic Video games has till November 13 to file its temporary responding to Apple’s arguments, whereas Apple’s reply is due December 14.
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