Apple Argues to Get App Store Injunction Thrown Out in Epic v. Apple Appeal


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Aug 17, 2014
Apple submitted its final filing in the ongoing Apple v. Epic legal battle, which is playing out in the United States Court of Appeals for the Ninth Circuit. Both Apple and Epic Games chose to appeal the original ruling as neither company was satisfied with the outcome.

The appeal battle has been ongoing since January, but it is wrapping up with Apple's cross-appeal brief, which follows Epic's opening brief, Apple's own opening brief, and Epic's cross-appeal brief.

Throughout the appeal, Apple has maintained that ‌Epic Games‌ lost the initial trial because of a flawed argument and "unprecedented" and "unfounded" accusations of anticompetitive conduct, not a legal error. In today's cross-appeal, Apple continues to argue against the injunction that would require Apple to make App Store changes to allow developers to use outside payment methods.

Apple claims that it was an "unprecedented result" that was handed down despite the fact that Epic was unable to prove irreparable harm from Apple's anti-steering rules that prevented it from directing customers to alternate payment methods.
Epic introduced no evidence below that it ever suffered injury-in-fact from the anti-steering provisions, and it cites none on appeal. Having failed to prove such harm--before, during, or after litigation--Epic never had standing to sue under the [California Unfair Competition Law].

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