Overview
- Apple filed a 12-page reply to the Supreme Court on Wednesday arguing Epic's June 4 opposition 'confirms the need for review' of the contempt finding and nationwide injunction.
- Apple says the district court and Ninth Circuit relied on the injunction's 'spirit' rather than its text when finding contempt and asks the high court to clarify when courts may impose civil contempt for implied terms.
- The Ninth Circuit agreed in December 2025 that Apple violated the 2021 anti-steering order but sent the case back to set an appropriate fee instead of a blanket ban on commissions.
- Epic urged the Supreme Court to deny review in a 35-page brief and has taken public steps in the dispute, including restoring Fortnite to the App Store in May and calling the phase a 'final battle.'
- Lower courts are moving on an expedited schedule to set remedial relief even as the Supreme Court may decide whether to take the case soon, and the eventual ruling could change App Store fees for developers and influence nationwide injunctions in other tech suits.