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Apple cites Supreme Court's birthright ruling in fight over Epic Games injunction
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Apple cites Supreme Court's birthright ruling in fight over Epic Games injunction
Jul 23, 2025 8:46 AM

July 23 (Reuters) - Apple ( AAPL ) is hoping a new U.S.

Supreme Court ruling curbing the power of federal judges to

issue nationwide orders will help the technology giant win an

appeal in a lawsuit requiring it to revamp its lucrative App

Store.

In a court filing on Tuesday, Apple ( AAPL ) told the San

Francisco-based 9th U.S. Circuit Court of Appeals that the

Supreme Court's June order in a case involving birthright

citizenship bolsters the iPhone maker's arguments in a

high-stakes standoff with "Fortnite" game developer Epic Games.

The Supreme Court limited when judges can issue so-called

universal injunctions that apply broadly, and not just to the

parties in a lawsuit.

The justices did not rule on whether the Trump

administration can legally terminate the right to citizenship

for people born on U.S. soil, but the decision was a win for the

administration, which had complained about individual lower

courts blocking its policies nationwide.

Even though the case at the high court had nothing to do

with Apple ( AAPL ), its appeal could test the scope of the justices'

ruling.

Apple ( AAPL ) and Epic did not immediately respond to requests for

comment.

Apple ( AAPL ) in its appeal is challenging a U.S. district judge's

order in April that said the company must open its App Store to

more competition, allowing all developers - not just Epic - more

freedom to steer consumers to alternative payment options

outside of an app.

The appeal also challenges the judge's finding that Apple ( AAPL )

was in contempt for violating a prior injunction in the same

case.

Epic Games sued Apple ( AAPL ) in 2020 to loosen its control over

transactions in applications that use its iOS operating system

and how apps are distributed to consumers.

U.S. District Judge Yvonne Gonzalez Rogers in 2021 said

Apple ( AAPL ) must allow developers to more easily steer consumers to

potentially cheaper non-Apple ( AAPL ) payment options.

Apple ( AAPL ) defied that court order to maintain a revenue stream

worth billions of dollars, Gonzalez Rogers ruled in April. Apple ( AAPL )

has denied any wrongdoing, and defended its compliance with the

court's orders.

Apple ( AAPL ) told the 9th Circuit that, after the Supreme Court's

birthright citizenship decision, judges no longer have

freestanding authority to issue universal injunctions. Apple ( AAPL )

also noted that Epic pursued its lawsuit on its own, not as a

class action on behalf of a larger group.

Epic told the appeals court in May that Apple's ( AAPL ) App Store

changes will have wide-reaching benefits for the industry and

consumers.

"The sky has not fallen. Instead, developers and consumers

are finally beginning to see the long-awaited benefits of

increased competition," Epic said.

The case is Epic Games Inc v. Apple Inc ( AAPL ), 9th U.S. Circuit

Court of Appeals, No. 25-2935.

For Epic: Gary Bornstein and Yonatan Even of Cravath, Swaine

& Moore

For Apple ( AAPL ): Gregory Garre and Roman Martinez of Latham &

Watkins

Read more:

Apple ( AAPL ), Visa and Mastercard win dismissal of merchant

antitrust lawsuit over payment fees

Epic Games settles lawsuit against Samsung over app controls

Swiss privacy tech firm Proton sues Apple ( AAPL ) in US over app

store rules

Apple ( AAPL ) must face consumer lawsuit over iCloud storage, US

judge rules

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