Â© Reuters. FILE PHOTO: A smartphone with the Epic Games logo can be seen in front of the Apple logo in this illustration taken May 2, 2021. REUTERS / Dado Ruvic / Illustration / File Photo
By Stephen Nellis
(Reuters) – “Fortnite” creator Epic Games on Friday opposed efforts by Apple Inc (NASDAQ 🙂 to stay orders in antitrust lawsuit amid potentially lengthy appeal process takes place.
U.S. District Judge Yvonne Gonzalez Rogers (NYSE 🙂 in September https://www.reuters.com/article/apple-epic-games-idTRNIKBN2G61IK overturned some of the iPhone maker’s App Store rules, including Included a ban on developers directing their users to other payment options besides Apple’s in-app payment system, in a partial victory for Epic and other app makers.
Apple has until Dec. 9 to comply with the injunction, but earlier this month the company said it would appeal the decision and asked Gonzalez Rogers to stay its order as the process continues. ‘appeal, which could take more than a year, is proceeding.
Epic argued in a court filing Friday that Apple had failed to meet the legal standard for the break, forcing Apple to show it will suffer irreparable harm by even temporarily complying with the order if the injunction was subsequently quashed on appeal.
Epic said Apple’s positive comments on the decision soon after it landed, and its delay in requesting a break, showed it would not suffer any prejudice by enacting the orders.
“Public interest favors denial (Apple’s request); an injunction is the only route to effective relief,” Epic wrote. “History shows … that in the absence of an injunction, Apple will not make any changes.”
Apple did not immediately respond to a request for comment.
A hearing on Apple’s claim is scheduled for November 9.
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