In the never-ending Apple-vs-Epic Games legal brouhaha, Apple’s latest filings restate its arguments for the Supreme Court, suggesting the injunction violation was found in error and exceeded the District Court’s limits, reports AppleInsider.
The filing focuses on one of two of Apple’s arguments it initially made to the Supreme Court. It defines that the Ninth Circuit should not follow the “spirit of the law” in determining a violation versus the text of the law provided.
Apple states that there was no mention of commissions in the original mandate to change its anti-steering practices. Apple did provide lower rates, at 12% and 27%, but it argues that wasn’t the purpose of the ruling, nor was it laid out in text.
The second argument involving the court’s scope wasn’t included in this filing, as it is no longer under consideration by the Supreme Court. When the Court agreed to review Apple’s filing, it only said that it would discuss the argument surrounding the “spirit of the law.”
On August 12, U.S. Supreme Court Justice Elena Kagan has granted Apple a one-day stay in its legal fight with Epic Games, reported Bloomberg (a subscription is required to read the article).
The article said the short stay was meant to give the high court more time to consider Apple’s proposal on what it should be allowed to charge on purchases made outside the App Store. On August 11 the U.S. District Court for the Northern District of California again denied Apple’s request for a stay in the proceedings.
Last month Apple cited a newly paused securities fraud lawsuit to support its request to delay further proceedings in its legal battle with Epic while the US Supreme Court reviews part of the dispute. That move failed. This legal brouhaha between the two companies has been ongoing for years. You can read all about it here.
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