Four Problems with the Supreme Court’s Refusal To Hear the Epic v Apple Dispute

The U.S. Supreme Court this week rejected both parties’ petitions for certiorari in appeals of the 9th U.S. Circuit Court of Appeals’ decision Epic Games v Apple. Many observers—including Epic CEO Tim Sweeney—have marked this as an unmitigated loss for Epic. 

That’s partly right. The district court had correctly rejected Epic’s federal antitrust claims against Apple (and against Epic, on Apple’s breach-of-contract counterclaim); the 9th Circuit upheld the trial court’s decision; and the Supreme Court’s refusal to grant cert leaves those Epic losses undisturbed. 

But Apple was denied a sweep at the district court, which ruled in favor of Epic’s claim under California’s Unfair Competition Law (UCL). The 9th Circuit likewise sustained that state law decision. The Supreme Court has thus left both that state law decision and the district court’s nationwide injunction undisturbed.

Read the full piece here.