Epic decries ‘far too lenient’ 9th Circuit for Apple injunction pause in App Store case

Epic is taking its legal fight with Apple to the Supreme Court, and the company behind the game Fortnite isn’t happily standing by for results.

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Instead, Epic has decried the 9th Circuit court’s decision to pause an injunction against Apple as being “far too lenient,” Reuters reports. The complaint was made by Epic in a filing to the Supreme Court.

Epic Games on Thursday asked the U.S. Supreme Court to allow a lower court ruling to take effect against Apple Inc (AAPL.O) that could force the iPhone maker to change payment practices in its App Store.

Epic, maker of the popular video game “Fortnite,” filed a request asking the nation’s highest court to lift a July 17 decision by the San Francisco-based 9th U.S. Circuit Court of Appeals to pause its ruling that upheld an injunction against Apple. The decision gave Apple 90 days to pursue an appeal at the Supreme Court.

The legal battle between Epic and Apple started in 2020. That’s when the Fortnite creator skirted App Store rules and enabled in-game currency sales that bypassed Apple’s in-app purchase cut.

The case is now being elevated to the Supreme Court where the legality of Apple’s App Store policy will be decided. Epic argues that developers should to be restricted to Apple’s in-app purchase payment method in their own apps. Apple defends its policy that enables it to take a cut off all transactions by saying its practices protect customers from fraud and malware.