Apple today filed its opening brief on the merits with the Supreme Court as it prepares to fight the contempt ruling that forced it to change its App Store rules. Apple is asking the Supreme Court to vacate or vacate the contempt order, which would return the App Store to its pre-2025 rules.
The Supreme Court filing is part of the ongoing legal battle between Apple and Epic Games, which has become increasingly complicated since its launch in 2020. Apple largely won the initial ruling because it was not found to have violated antitrust law, but Yvonne Gonzalez Rogers, the judge in the case, ordered Apple to relax its anti-steering rules and allow developers to connect alternative purchasing options in apps.
Apple complied, but charged fees of 12 to 27 percent on links, and few developers adopted the system. Epic went back to Gonzalez Rogers and said Apple had violated her injunction, and she agreed. In April 2025, she held Apple in contempt of court and barred the company from charging fees on purchases made through links in the US App Store.
Apple changed its App Store rules to comply with the new ruling, but appealed. The Ninth Circuit Court of Appeals upheld the contempt finding, and Apple appealed to the Supreme Court.
Today’s brief repeats Apple’s main argument and asks the Supreme Court to decide whether a court can hold a party in civil contempt for violating the “spirit” of an injunction when the injunction does not address the conduct on which the contempt finding is based.
Gonzalez Rogers’ first injunction made no mention of what fees Apple was or was not allowed to charge, but the initial contempt ruling and the appeals court agreed that Apple violated the “spirit” of the injunction by charging fees that were too high.
Citing cases dating back to 1885, Apple says the Ninth Circuit broke with precedent when it held that Apple could be held in contempt for violating the spirit of an injunction. Apple claims it cannot be held in contempt because there was no clear and unambiguous violation of the injunction’s language. Apple repeatedly emphasizes that the initial injunction contained only 75 words.
The Supreme Court is expected to hear the case in 2027. Epic Games will submit its response brief in November, and then Apple may submit a response brief.
While Apple waits for the Supreme Court, it will return to the district court for the calculation of fees that would be implemented if the higher court does not vacate the contempt ruling and the resulting anti-steering order. Apple was sent back to the district court because the appeals court found that the district court’s total ban on commissions went too far and sent it back to set reasonable fees. Apple tried to delay the procedure, but without success.
