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9th U.S. Circuit Court of Appeals

Jul. 19, 2023

Verdict against Apple in Epic Games dispute stayed for appeal

Despite the three-judge panel granting that stay, 9th U.S. Circuit Court of Appeals Judge Milan Smith wrote separately in a concurrence, expressing many criticisms of Apple’s arguments.

A federal appellate panel granted Apple Inc. 90 days to appeal to the U.S. Supreme Court an order forcing the company to let developers sell content in its App Store without going through Apple and paying a 30% commission. But it will travel to Washington with a scathing concurrence attached.

Apple asked for the stay to make its case that Epic Games Inc. lacked standing to bring claims against it and the change in App Store rules should on...

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