Apple Files Emergency Motion to Block App Store Ruling

Apple has filed an emergency motion with the U.S. Court of Appeals for the Ninth Circuit, seeking a partial stay of the new injunction imposed by a lower court in its ongoing dispute with Epic Games. The company is asking the appellate court to pause specific restrictions while its broader appeal of the recent contempt ruling is considered.

Filed on May 7, 2025, in Case No. 25-2935, Apple's motion requests relief by May 28, 2025. Specifically, Apple wants to suspend the prohibitions on (1) charging any commission or fee for purchases consumers make outside an app via external links, and (2) setting conditions on the language, placement, or flow of buttons, links, or other calls to action that direct users to external purchase options. These new rules were part of an expanded permanent injunction issued by U.S. District Judge Yvonne Gonzalez Rogers on April 30, 2025, when she found Apple in civil contempt of a 2021 injunction.

Apple argues it is likely to succeed on the merits of its appeal, contending the new prohibitions are unlawful. The company asserts these rules were not part of the original injunction, constitute impermissible punishment rather than coercive civil contempt, and that a conflicting California state court judgment (Beverage v. Apple Inc.) should preclude prospective enforcement of the federal injunction.


The motion further states that Apple will suffer irreparable harm if the stay is not granted. This includes significant annual financial losses, which the district court acknowledged could range from "hundreds of millions to billions," and damage to the integrity of its iOS ecosystem and control over its App Store. Apple claims these harms, including the deprivation of constitutional rights, cannot be recouped.

Apple also contends that the remaining factors favor a stay, arguing Epic Games would suffer little to no harm as it has no apps on the App Store and was not granted remedial relief for past conduct. The company suggests the public interest is served by pausing these "extraordinary intrusions" into its business operations and allowing the appellate court to review the serious legal questions raised before such significant changes are permanently entrenched.

The district court had previously denied Apple's request for a stay pending appeal. Apple states it immediately complied with the District Court's April 30 order before filing this emergency motion with the Ninth Circuit. The company had already filed its notice of appeal of the contempt order on May 5, 2025.

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