Epic Games Appeals Ruling in Apple Lawsuit, Claims Court Made Errors
Epic Games today kicked off its appeal of the judge's decision in the Epic v. Apple lawsuit, filing an opening brief with the United States Court of Appeals for the Ninth Circuit.
Both Apple and Epic Games have decided to appeal the original ruling as neither company was satisfied with the outcome. Epic Games wanted the court to force Apple to support third-party App Stores, which did not happen.
Epic Games CEO Tim Sweeney said that the ruling wasn't a "win for developers or for consumers," and Epic Games confirmed that it planned to appeal shortly after the verdict was delivered. In the appeal, Epic Games asked whether Judge Yvonne Gonzalez-Rogers had made mistakes with some of her findings, including that Apple is not a monopolist.
In the filing, Epic Games again argues that Apple's App Store restrictions and fees are harming developers and consumers, calling the App Store unnecessary.
Absent these restrictions, iPhone users and app developers could use alternative app stores, and users could get apps directly from developers. Developers could procure payment mechanisms with additional features and lower costs for their apps. Epic wants to but cannot compete with Apple to fulfill that demand by providing an iPhone app store and in-app payment solution. Epic would charge developers much less than Apple's 30% commission, increasing innovation and reducing costs.
Apple prevents Epic and other potential competitors from offering those choices. That is why Epic brought this antitrust suit. The district court's factual findings make clear that Apple's conduct is precisely what the antitrust laws prohibit.
Epic Games argues that the court made an error when it found no Sherman Act violation against Apple, which would have painted Apple as a monopolist and would have likely resulted in a very different ruling.
The goal with the appeal is to get the judgment against Apple reversed, and much of the rest of the document goes over the original arguments from the initial lawsuit.
The district court's judgment on Epic's Sherman Act claims should be reversed and judgment of liability entered in Epic's favor with a remand to determine the appropriate injunctive remedy. The district court's judgment on Apple's breach of contract and declaratory judgment counterclaims should be reversed and judgment entered in Epic's favor
Epic's full opening brief can be read on Scribd for those who are interested in the company's anti-Apple arguments.
Popular Stories
While the so-called "iPhone 17 Air" is not expected to launch until September, there are already plenty of rumors about the "ultra-thin" device.
Overall, the "iPhone 17 Air" is shaping up to be a mixed bag. Due to its thinness, the device is expected to have some limited specifications compared to the iPhone 17 Pro models, including only a single rear camera, only a single speaker, no SIM...
Apple today released new firmware designed for the 25W MagSafe Charger that is compatible with the iPhone 12 and later and the latest AirPods and Apple Watch models. The updated firmware is version 2A143, up from the 2A138 firmware that the accessory shipped with. In the Settings app, you'll see a different version number than the internal firmware number.
The 2024 MagSafe charger was...
iOS 18.3 is currently in beta for developers and public beta testers. So far, the upcoming iPhone software update is very minor in scope.
Below, we outline what is new in iOS 18.3 so far.
The only potential new feature coming to iPhones with iOS 18.3 so far is robot vacuum support in the Home app, but this functionality is not yet live. Apple is laying the groundwork for the feature,...
Apple today adjusted estimated trade-in values for select iPhone, iPad, Mac, and Apple Watch models in the U.S., according to its website.
Some values increased, while others decreased. The changes were not too significant, with most values rising or dropping by $5 to $50.
We have outlined some examples below:
Device
New Value
Old Value
iPhone 15 Pro Max
Up to $630
U ...
While the iPhone 17 Pro and iPhone 17 Pro Max are not expected to launch until September, there are already plenty of rumors about the devices.
iPhone 17 Pro concept based on rumors
Below, we recap key changes rumored for the iPhone 17 Pro models as of January 2025:
More aluminum: iPhone 17 Pro models are rumored to have an aluminum frame, whereas the iPhone 15 Pro and iPhone 16 Pro models ...
Ahead of the season two premiere of hit TV show Severance, Apple is marketing the show with a fun Severance pop-up at the Grand Central Terminal in New York City.
Apple has assembled a glass cube with workstations that are identical to the setups that Lumon employees use on the show, complete with employees "working," doing yoga, playing catch, throwing paper airplanes, sipping coffee, and...
Apple provided the third beta of iOS 18.3 to developers today, and while the betas have so far been light on new features, the third beta makes some major changes to Notification Summaries and also tweaks a few other features.
Notification Summary Changes
Apple made multiple changes to Notification Summaries in response to complaints about inaccurate summaries of news headlines.
For...
Despite being released over two years ago, Apple's AirPods Pro 2 continue to dominate the wireless earbud market. However, with the AirPods Pro 3 expected to launch sometime in 2025, anyone thinking of buying Apple's premium earbuds may be wondering if the next generation is worth holding out for.
Apart from their audio and noise-canceling performance, which are generally regarded as...
Apple is in talks with Barclays and Synchrony about becoming its new financial partner for the Apple Card, according to Reuters sources.
The report today added that Apple has also been holding discussions with Chase Bank owner JPMorgan since last year, so there are at least three potential companies in the running to take over the Apple Card from current partner Goldman Sachs.
Goldman...
