Apple is getting its wish in the ongoing lawsuit against Epic Games, as the Supreme Court agrees to hear its argument against being found in contempt of court.
Apple and Epic Games have been impatiently waiting for the Supreme Court to determine whether it will listen to arguments between the two companies. On Tuesday, the answer finally came.
Reuters reports the U.S. Supreme Court agreed to hear Apple's argument that lower courts had made mistakes in two areas of the case. If the Supreme Court agrees, it could have implications that bring the lawsuit more into Apple's favor.
It is unknown when that appeal will be heard, but lawyers on all sides will be preparing for the event. Even less clear is when a ruling will be passed down.
The appeal so far
Apple's lawyers entered their appeal in a 34-page filing to the Supreme Court in May. The filing shares that the scope of an anti-steering injunction by the District Court exceeds limits set by CASA.
Apple also argued that the injunction violation was issued in error for violating the "spirit" of the law rather than the letter.
Apple said at the time that the Supreme Court should examine the problem, which will settle matters for future cases. If untouched, the CASA verdict could be dead.
For Apple, this would ideally bounce the problem back to lower courts and force changes to the anti-steering injunction, if not remove it entirely.
Following losing out on anti-steering elements of the original 2020 lawsuit, Apple removed its anti-steering provisions and created a new way for developers to link out for external purchases.
It was a complex way that also paid Apple a commission of 12% or 27%. It was also an injunction that applied to all developers based in the United States.
In response, Epic filed a complaint that resulted in Apple being found in contempt. Except the original injunction didn't mention anything about Apple's commission, and the violation was argued about how it was "in spirit."
After Apple filed its appeal, Epic naturally disagreed with the move. In 35 pages, Epic agrees to the whole "spirit" vs "letter" argument on what the court ruled.
It also said that the CASA exception was "inexplicable," despite Apple saying it wasn't a class action lawsuit. Epic Games is not a class of one.
Apple's response to Epic's attempt to dismiss the appeal said Epic's arguments demonstrate how it "confirms the need for review."

