Apple to ask court to halt Epic Games proceedings pending Supreme Court ruling

Apple and Epic Games have agreed to ask the court to temporarily postpone key deadlines in their long-running App Store dispute while Apple seeks to pause the proceedings until the Supreme Court rules on its appeal. Here are the details.

A bit of background

Earlier this week, the US Supreme Court agreed to hear part of Apple’s appeal in its long-running legal battle with Epic Games over App Store rules.

Apple had asked the Court to review two issues. The first was whether it could be held in contempt for imposing commissions on purchases made through external links, even though the original injunction did not explicitly prohibit those fees. The second concerned whether the injunction could apply broadly to all developers rather than only to Epic.

The Supreme Court agreed to consider the contempt question, but declined to review the broader scope of the injunction.

Meanwhile, the district court was preparing to reconsider the rules governing what commission, if any, Apple could charge on purchases made through external links.

Apple previously asked the Supreme Court to stay the appeals court’s mandate pending review, which would have prevented the lower court’s remand proceedings from proceeding. Justice Elena Kagan denied that request.

That left the Supreme Court case and the district court’s remand proceedings on track to move forward simultaneously.

Under the district court’s schedule, Apple was due to file a proposal by July 6 explaining how it planned to implement the Ninth Circuit’s ruling, including any proposed fee structure. Apple would then have until July 16 to produce related nonprivileged documents. Epic’s response would be due within 60 days of the later of those two steps, followed by 30 days for Apple’s reply.

Which brings us to today.

Apple and Epic agree to seek short delay

Earlier today, Apple and Epic Games jointly asked the district court to postpone the existing remand deadlines.

Apple had informed the court that it planned to seek a stay of the proceedings until the Supreme Court rules, so the companies proposed a short delay while that request is briefed and decided.

Under the proposed schedule, Apple would file its motion to stay by July 6, Epic would respond by July 10, and Apple would submit its reply by July 13.

Since this is a proposed order, the document still requires Judge Yvonne Gonzalez Rogers’ signature before it takes effect. In practice, this means that the existing remand deadlines technically remain in place unless and until she approves the new schedule.

You can read the joint petition below: