Firm Defeats Apple’s Stay Efforts in Ninth Circuit and Supreme Court

The Firm, together with co-counsel at Cravath, Swaine & Moore, secured back-to-back orders denying Apple’s efforts to stay the Ninth Circuit’s mandate in Epic Games, Inc. v. Apple Inc.—a contempt appeal arising from Apple’s violation of an anti-steering injunction in Epic’s long-running suit over Apple’s anti-competitive practices.

On April 28, the Ninth Circuit granted Epic’s motion to reconsider and reversed its April 6 order staying the mandate pending Apple’s anticipated petition for certiorari. On full briefing, the panel held that Apple had not raised a substantial question warranting Supreme Court review, observing that the Supreme Court had already denied certiorari on both questions Apple intends to present, including Apple’s previous petition challenging the scope of the injunction in this very case.

On Monday, May 4, Apple filed an emergency application in the Supreme Court to stay the Ninth Circuit’s mandate. Epic filed its opposition on Wednesday, May 6. Justice Kagan denied Apple’s application the same day.