Apple seeks to overturn App Store injunction in its appeal against Epic Games

Apple and Epic Games have been arguing both in and out of the courtroom for quite some time now. But in the end, everything will come to an end. And in moving towards that goal, Apple sought to set aside one of its most important court rulings.

As MacRumors reported today , Apple has filed a final lawsuit for Apple’s ongoing litigation against Epic Games. This latest phase is taking place in the Ninth Circuit Court of Appeals, where Apple and Epic Games have already submitted opening briefs. Epic Games has also already submitted its own brief appeal, and this is Apple’s response to that.

And the company is doing its best with its final filing, seeking to lift the App Store injunction that was filed against Apple in late 2021. Apple still maintains that Epic Games has not suffered “irreparable harm”from the rules that Apple has set for the App Store. Apple believes in the original decision, which says Apple will need to make changes to the App Store to allow third-party developers to provide funds for alternative payment methods.

According to today’s application:

Epic has not presented any evidence below that it has ever actually sustained injuries due to the no-driving provisions and is not bringing them up in the appeal. By failing to prove such damages—before, during, or after litigation—Epic has never had the right to bring claims under the [California Unfair Competition Law].

Apple has another path to follow after Epic Games exits the App Store. The company now claims that Epic is no longer a developer hosting apps on the App Store, especially Fortnite. Thus, Epic Games cannot be affected in any way by the rules set in the App Store.

In its current form, Apple has already earned a reprieve against an injunction issued by the App Store. This meant that Apple could wait to implement the changes, which were supposed to take effect on December 9, 2021. Apple is looking to lift this injunction entirely, allowing Apple not to enforce these changes at all. At least not yet, and not related to the Epic Games litigation.

And hey, be that as it may, you can technically play Fortnite, the hugely popular battle royale game from Epic Games, through game streaming services like GeForce NOW through Safari.

Do you still play Fortnite on your iPhone or iPad?