Epic Games Asks Supreme Court to Hear Apple Case

Epic Games today filed a petition for a writ of certiorari with the Supreme Court, which basically means the company is asking the Supreme Court to make a ruling in its ongoing legal battle with Apple.

app store blue banner epic 1
The Supreme Court is the last stop for ‌Epic Games‌ after it lost an appeal earlier this year. The Ninth Circuit Court of Appeals in April 2023 sided with the lower court and ruled that Apple's App Store rules do not violate antitrust law by not allowing for third-party marketplaces.

Since 2020, Epic has been pushing for a ruling that would allow it to skirt the ‌App Store‌ and offer apps directly to consumers through sideloading or an alternate store, but its legal arguments have not been successful. Epic ultimately wants to sell digital skins and other goods to its Fortnite customers without having to give Apple a 30 percent cut of its proceeds.

Epic also offers digital goods--such as outfits--that users can purchase for use within Fortnite. Epic has invested vast sums in developing not just Fortnite but those digital add-ons, to which Apple contributes nothing. But Apple required Epic to use its IAP and pay the 30% commission on every in-app purchase that any iPhone user made directly from Epic, no matter how many years after downloading Fortnite from the App Store.

Epic's 488 page filing lists several reasons why the Supreme Court should hear the case, focusing on errors made by the lower courts and the significance of the case, as any major ‌App Store‌ change would impact hundreds of thousands of developers.

The Supreme Court could opt not to hear Epic's case, and it only accepts a fraction of the cases that it is asked to review each year.

When the Ninth Circuit Court of Appeals made its decision, it upheld the ruling of the lower court, including the mandate that Apple allow developers to direct customers to purchase options outside of the ‌App Store‌. Apple does not want to make these ‌App Store‌ changes, and so it too may ask the Supreme Court to make a ruling on that portion of the case.

Apple back in in July was given 90 days after the appeals court ruling to decide whether it would petition the Supreme Court. Apple has not yet contacted the Supreme Court, nor has it hit that 90 day limit. When the 90-day limit expires, Apple will either need to ask the Supreme Court to hear the case or implement the ‌App Store‌ changes that it has been ordered to make.

Popular Stories

iPhone SE 4 Thumb 1

iPhone SE 4 With Apple's Own 5G Modem 'Confirmed' to Launch in March

Tuesday November 19, 2024 12:12 pm PST by
Barclays analyst Tom O'Malley and his colleagues recently traveled to Asia to meet with various electronics manufacturers and suppliers. In a research note this week, outlining key takeaways from the trip, the analysts said they have "confirmed" that a fourth-generation iPhone SE with an Apple-designed 5G modem is slated to launch towards the end of the first quarter next year. In line with previo...
airtag purple

AirTag 2 Rumored to Launch Next Year With These New Features

Sunday November 17, 2024 5:18 am PST by
Apple released the AirTag in April 2021, so it is now three over and a half years old. While the AirTag has not received any hardware updates since then, a new version of the item tracking accessory is rumored to be in development. Below, we recap rumors about a second-generation AirTag. Timing Apple is aiming to release a new AirTag in mid-2025, according to Bloomberg's Mark Gurman....
Magic Mouse Next to Keyboard

No, Apple CEO Tim Cook Didn't Say He Prefers Logitech's MX Master 3 Over the Magic Mouse

Sunday November 17, 2024 3:03 pm PST by
While the Logitech MX Master 3 is a terrific mouse for the Mac, reports claiming that Apple CEO Tim Cook prefers that mouse over the Magic Mouse are false. The Wall Street Journal last month published an interview with Cook, in which he said he uses every Apple product every day. Soon after, The Verge's Wes Davis attempted to replicate using every Apple product in a single day. During that...
Generic iOS 18 Feature Real Mock

Apple Releases iOS 18.1.1 and iPadOS 18.1.1 With Security Fixes

Tuesday November 19, 2024 10:10 am PST by
Apple today released iOS 18.1.1 and iPadOS 18.1.1, minor updates to the iOS 18 and iPadOS 18 operating systems that debuted earlier in September. iOS 18.1.1 and iPadOS 18.1.1 come three weeks after the launch of iOS 18.1. The new software can be downloaded on eligible iPhones and iPads over-the-air by going to Settings > General > Software Update. Apple has also released iOS 17.7.2 for...
at t turbo indicator iphone 16 pro max v0 8hrh7w5f3w1e1

AT&T Turbo Indicator Showing Up in iPhone Status Bar for Subscribers

Wednesday November 20, 2024 3:42 am PST by
AT&T has begun displaying "Turbo" in the iPhone carrier label for customers subscribed to its premium network prioritization service, according to reports on Reddit. The new indicator seems to have started appearing after users updated to iOS 18.1.1, but that could be just coincidence. Image credit: Reddit user No_Highlight7476 The Turbo feature provides enhanced network performance through ...
iPhone 17 Slim Feature Single Camera 1 Redux

'iPhone 17 Air' Rumored to Surpass iPhone 6 as Thinnest iPhone Ever

Monday November 18, 2024 1:07 pm PST by
In a research note with Hong Kong-based investment bank Haitong today, obtained by MacRumors, Apple analyst Jeff Pu said he agrees with a recent rumor claiming that the so-called "iPhone 17 Air" will be around 6mm thick. "We agreed with the recent chatter of an 6mm thickness ultra-slim design of the iPhone 17 Slim model," he wrote. If that measurement proves to be accurate, there would be ...
bug security vulnerability issue fix larry

Make Sure to Update: iOS 18.1.1 and macOS Sequoia 15.1.1 Fix Actively Exploited Vulnerabilities

Tuesday November 19, 2024 10:52 am PST by
The iOS 18.1.1, iPadOS 18.1.1, and macOS Sequoia 15.1.1 updates that Apple released today address JavaScriptCore and WebKit vulnerabilities that Apple says have been actively exploited on some devices. With the JavaScriptCore vulnerability, processing maliciously crafted web content could lead to arbitrary code execution. The WebKit vulnerability had the same issue with maliciously crafted...

Top Rated Comments

ipedro Avatar
15 months ago
Good luck with that. Tim Sweeney acted in bad faith, planting a trojan horse in his software, knowingly breaking the App Store rules, lost in court, lost his appeal and now wants to waste the Supreme Court's time? They'll toss this with due haste.
Score: 31 Votes (Like | Disagree)
MacTwick Avatar
15 months ago
Epic is like my ex, doesn’t know when to quit
Score: 29 Votes (Like | Disagree)
marzbarz Avatar
15 months ago
lol epic failure
Score: 17 Votes (Like | Disagree)
rtkane Avatar
15 months ago
SCOTUS is never going to hear this case.
Score: 13 Votes (Like | Disagree)
Unregistered 4U Avatar
15 months ago

Epic ultimately wants to sell digital skins and other goods to its Fortnite customers without having to give Apple a 30 percent cut of its proceeds.
When asked if they’re fine with giving Nintendo and Sony their cut of its proceeds, the spokesperson scurried away into the night emitting a high pitched screech. Then exploded in the distance.
Score: 13 Votes (Like | Disagree)
Dreamweaver12 Avatar
15 months ago
Tim Sweeney should toss himself into an active volcano.
Score: 11 Votes (Like | Disagree)