Epic Lost Trial Due to Flawed Argument, Not Legal Error, Apple Says in Appeals Filing - GeekWebGuides
Skip to Content

Epic Lost Trial Due to Flawed Argument, Not Legal Error, Apple Says in Appeals Filing

Apple's legal battle with Epic Games is continuing on, and today, the Cupertino company filed an opening brief with the United States Court of Appeals for the Ninth Circuit. Both Apple and ‌Epic Games‌ opted to appeal the original ruling in the Epic Games v. Apple case as neither company was satisfied with the outcome. Epic lost, while Apple was subject to App Store changes that are on hold pending the outcome of the appeal.

app store blue banner epic 1
Following Epic's initial opening brief in January, Apple submitted its latest filing to the appeals court this afternoon. In the brief, Apple argues that ‌Epic Games‌ lost the case not because of legal error, but because of its "unprecedented" and "unfounded" accusations of anticompetitive conduct. Apple quotes several passages from the initial ruling that point out Epic's failings.

Epic built its case on witnesses who "lack[ed] credibility" and were "unreliable," whose testimony was "wholly lacking in an evidentiary basis," and who were "willing to stretch the truth in support of [Epic's] desired outcome." At trial, its theories were revealed to be "artificial," "misconceived," and "litigation driven." At every turn, Epic "failed to demonstrate," "failed to convince," "failed to produce," "failed to present," "failed to show," "failed to persuade," and "failed to prove" the facts of its case.

Apple argues that Epic is using the appeal to try to "change the narrative" because it can show no error in the district court's original ruling. To win its appeal, Epic needs to prove without a doubt that the first court's findings were erroneous, and Apple does not believe that's going to happen.

According to Apple, Epic made far-reaching claims at the edges of antitrust law that were unsuccessful, and there is no basis for the initial ruling to be overturned on appeal. Apple also claims that Epic lacks standing to make further arguments about the App Store because it is no longer an iOS developer, as the ‌Epic Games‌ developer account has been terminated.

Epic had the burden to prove, among other things, that the challenged limitations were unreasonable restraints of trade under a framework the parties agreed on before trial began. After a 16-day bench trial, the district court found that Epic had failed to carry its burden of proof on every one of its antitrust claims. That should not surprise: Throughout the history of the App Store, it is undisputed that prices have only gone down, while output has exploded. Those are the hallmarks of competition, not monopolization. To reverse, this Court would have to depart from settled law and ignore the district court's detailed findings of fact.

Several state attorneys general joined together to file an amicus brief to support ‌Epic Games‌, and Apple claims this was done to "make it easier for them to win antitrust lawsuits." Microsoft also supported ‌Epic Games‌, and according to Apple, Microsoft is simply "pursuing a self-interested business strategy of distinguishing itself from other platforms even while making 'hundreds of millions of dollars' from its partnership with Epic."

The original ruling determined that Apple's anti-steering provisions preventing developers from linking to outside payment methods were unfair under the California Unfair Competition Law, leading the judge to order Apple to make changes to the ‌App Store‌ to allow developers to use outside payment methods. Apple's filing addresses this aspect of the appeal, with Apple claiming that the initial court made an error in the ruling.

"The UCL injunction cannot stand," Apple writes. Apple's main claim is that because it was not found to be engaging in anticompetitive behavior, the ‌App Store‌ rules are also not unfair under the California law, which the appeals court has upheld before. Apple also says that the district court does not have the authority to levy such an injunction.

The injunction exceeds the district court’s authority. Epic failed to prove irreparable injury to itself. Moreover, this is not a class action, and any injunctive relief must be limited to Epic as a matter of both state and federal law.

Apple says that its own cross-appeal focuses on purely legal issues, unlike Epic's appeal, which is asking the court to second guess factual findings from the original trial and change the law. Apple's full opening brief can be read over on Scribd for those interested.

Following Apple's first appeals filing, amicus briefs in support of Apple will be submitted in the near future. From there, additional briefs will be submitted by Apple and Epic before the court will set a date to hear arguments. Given the timeline, Apple expects a decision to come by summer 2023 at the earliest.

Apple has made it clear that it has no intention of considering reinstating the ‌Epic Games‌ developer account until the legal battle has been settled, so Fortnite will not be returning to the ‌App Store‌ anytime soon.

Popular Stories

Apple vs DOJ Feature

Developers Question Scope of Potential Apple Antitrust Settlement

Friday October 16, 2026 6:41 am PDT by
Developers are questioning whether a settlement of the U.S. government's antitrust case against Apple would meaningfully loosen the company's control over the iPhone, according to The Information. The report highlights PayPal and Epic Games among the companies that have raised concerns with the Department of Justice (DOJ). Officials have reportedly indicated that they favor a negotiated...
iOS App Store General Feature Black

Apple Ordered to Open iPhone to Rival App Stores in Australia

Wednesday October 21, 2026 10:41 pm PDT by
Australia's Federal Court today ordered Apple to allow competing app stores, direct app downloads, and alternative payment services for Australian users from March 1, 2027. The orders follow the court's August 2025 finding that Apple misused its market power by restricting app distribution and payment options. They cover users whose Apple Account region is Australia, with Apple Developer...
fortnite apple logo 2

Fortnite Returning to Australian App Store After Court Ruling

Wednesday October 21, 2026 10:55 pm PDT by
Fortnite will return to Australia's App Store today, Epic Games told Reuters, after a federal court ordered Apple to allow eligible Epic apps back onto the store. Australia was the only country excluded when Fortnite returned to the App Store worldwide in May. Epic held off while seeking further court orders addressing Apple's payment terms. The requirement to process Epic's compliant...

Top Rated Comments

MrTangent Avatar
60 months ago
It’s gonna be a fortnight until this is resolved!
Score: 15 Votes (Like | Disagree)
cmaier Avatar
60 months ago

Epic has their own servers for the gameplay though? App store just distributes the game.

If apple hosts the gameplay servers then a percentage would be reasonable.
”App Store just distributes the game.”

LOL.

Apple didn’t design all of the hardware that runs the game? Apple didn’t develop the SDKs? Apple didn’t provide a customer base that actually trusts the ecosystem enough to be willing to spend money on apps (unlike Android users)?

Your argument is ridiculous.
Score: 13 Votes (Like | Disagree)
bb9 Avatar
60 months ago
Can I live in a rental property but do not pay rent to the landlord?
Score: 11 Votes (Like | Disagree)
goobot Avatar
60 months ago

There is competition within the store, no doubt, but there is no competition among store operators as there are no other App Stores (legally anyways) that support iPhone/iPad apps. The argument about competition or lack thereof rests on the defitinion on the relevant geographic market.
Unless Apple has an overwhelming control of a market (don’t think they do anywhere) then the stores are competing on different platforms. This is no different than if I wanted to go to a sports arena and then I have to pay for all their overpriced amenities which is a monopoly within said arena.
Score: 11 Votes (Like | Disagree)
60 months ago

"Everyone's wrong, but me!"

-Apple
Can’t fault em for being right
Score: 11 Votes (Like | Disagree)
cmaier Avatar
60 months ago

The users pay to buy the devices though? Users don't own the device?

Anyway. Bye.
That’s a straw man. The users own the device. Apple designs it, does all the R&D, created a set of App Store rules that make the App Store a place that developers can actually sell software because customers will actually buy it (unlike the windows store, all of the android stores, etc.), created the operating system, etc.

If your theory is that a customer paying for a phone means apple can’t charge a developer for use of the sdk, use of apple’s intellectual property, etc. etc., then you don’t understand economics.
Score: 8 Votes (Like | Disagree)
Latest Stories
iPhone Duo Launch Begins as First Orders Reach Customers
iPhone Duo Launch Begins as First Orders Reach Customers
5 hours ago
1Password for Agents Keeps Your Passwords Hidden From AI
1Password for Agents Keeps Your Passwords Hidden From AI
6 hours ago
iPhone Duo 24 Hours Later: Your Questions Answered
iPhone Duo 24 Hours Later: Your Questions Answered
6 hours ago
Apple's iWork Apps Get 'Intelligent Assistant' and iPhone Duo Support
Apple's iWork Apps Get 'Intelligent Assistant' and iPhone Duo Support
7 hours ago
Apple is Apparently Considering a Slightly Larger iPhone Duo
Apple is Apparently Considering a Slightly Larger iPhone Duo
7 hours ago
Giant iPhone Duo Displays Coming to Four Apple Stores
Giant iPhone Duo Displays Coming to Four Apple Stores
9 hours ago
Apple Pulls Keynote, Pages and Numbers From App Store [Update: Back]
Apple Pulls Keynote, Pages and Numbers From App Store [Update: Back]
9 hours ago
Apple Updates More Apps With iPhone Duo Support
Apple Updates More Apps With iPhone Duo Support
10 hours ago
Apple Will Label Apps 'Made for iPhone Duo' in App Store
Apple Will Label Apps 'Made for iPhone Duo' in App Store
13 hours ago
Amazon Takes $49 Off iPad With Prices Starting at $399.99
Amazon Takes $49 Off iPad With Prices Starting at $399.99
13 hours ago
F1 on Apple TV Now Available in Dolby Atmos
F1 on Apple TV Now Available in Dolby Atmos
14 hours ago
Apple Reveals More Than 50 Apps That Will Be Updated for iPhone Duo
Apple Reveals More Than 50 Apps That Will Be Updated for iPhone Duo
14 hours ago
Apple Blocks Certificates That Could Help Attackers Fake Websites
Apple Blocks Certificates That Could Help Attackers Fake Websites
16 hours ago
Giant iPhone Duo Installations Spotted at Apple Fifth Avenue
Giant iPhone Duo Installations Spotted at Apple Fifth Avenue
16 hours ago
iPhone Duo 2 Prototypes Include Under-Display Face ID
iPhone Duo 2 Prototypes Include Under-Display Face ID
17 hours ago
Tesla App Gains iPad and iPhone Duo Support
Tesla App Gains iPad and iPhone Duo Support
21 hours ago
Apple Reportedly Boosts iPhone Duo Orders by 44%
Apple Reportedly Boosts iPhone Duo Orders by 44%
21 hours ago
Fortnite Returning to Australian App Store After Court Ruling
Fortnite Returning to Australian App Store After Court Ruling
21 hours ago
Apple Ordered to Open iPhone to Rival App Stores in Australia
Apple Ordered to Open iPhone to Rival App Stores in Australia
22 hours ago
Apple Suppliers Face Hurdles Cutting Circuit Board Emissions
Apple Suppliers Face Hurdles Cutting Circuit Board Emissions
22 hours ago
Things Updated for iPhone Duo With Adaptive Layout
Things Updated for iPhone Duo With Adaptive Layout
23 hours ago
Simplicity and Siri AI Are HomeView's Killer Features, Apple Says
Simplicity and Siri AI Are HomeView's Killer Features, Apple Says
23 hours ago
iPhone Duo Reviewers Really Miss Face ID
iPhone Duo Reviewers Really Miss Face ID
1 day ago
Does the iPhone Duo Run Hot? Here's What Reviews Found
Does the iPhone Duo Run Hot? Here's What Reviews Found
1 day ago
Apple Music's New Look is Now Live on Apple's Website
Apple Music's New Look is Now Live on Apple's Website
1 day ago
Anthropic Launches Claude Duet, a Proactive AI Agent
Anthropic Launches Claude Duet, a Proactive AI Agent
1 day ago
What 32,000 Folds Did to the iPhone Duo's Hinge
What 32,000 Folds Did to the iPhone Duo's Hinge
1 day ago
iPhone Duo's Hidden FaceTime Camera Takes 'Trash' Photos
iPhone Duo's Hidden FaceTime Camera Takes 'Trash' Photos
1 day ago
iPhone Duo Has 'Edge Light' Feature That Debuted on Macs Last Year
iPhone Duo Has 'Edge Light' Feature That Debuted on Macs Last Year
1 day ago
Apple Support App Updated for iPhone Duo's Larger Display
Apple Support App Updated for iPhone Duo's Larger Display
1 day ago