Observed Signal · May 22, 2026 · Legal Appeal · Source: techcrunch · Impact: 4/5 · Sentiment: Negative
Apple asks Supreme Court to limit App Store injunction
Apple has petitioned the U.S. Supreme Court to review a Ninth Circuit ruling in the long-running Epic Games case, arguing that any injunction altering App Store rules should not apply to all developers. In its petition Apple says Epic never sought class action status and did not demonstrate that injunctive relief must extend to unrelated developers such as Microsoft or Spotify. Apple also challenges the Ninth Circuit’s civil contempt finding over Apple’s practice of allowing links to external payment options while still charging fees on those external transactions (the court highlighted a 27% fee). The Supreme Court recently declined Apple’s request to pause additional contempt proceedings. Epic criticized Apple’s petition as a delay tactic; Epic has said Fortnite is back on the App Store globally except Australia.
A Supreme Court review of the Epic v. Apple rulings could set precedent on whether platform-wide injunctions and restrictions on app-store payment practices apply to all developers; this affects digital storefront rules, app commerce, and payment/monetization models across the ecosystem.
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Key Takeaways & Evidence Grounding
- Apple filed a petition asking the U.S. Supreme Court to review a Ninth Circuit ruling in the Apple v. Epic Games litigation.
- Apple argues Epic did not seek class action status and therefore an injunction should not be applied to all App Store developers, including Microsoft and Spotify.
- The Ninth Circuit issued a civil contempt order after finding Apple charged fees (cited as 27%) on external payments despite allowing in-app links to alternate payment options.
- The U.S. Supreme Court recently rejected Apple’s request to pause additional contempt proceedings.
- Epic Games said Fortnite returned to the App Store globally (except Australia) and criticized Apple’s petition as a delaying tactic.
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Apple Appeals App Store External-Payments Ruling
Apple has filed to ask the U.S. Supreme Court to review a Ninth Circuit ruling that limits how it can charge for external payments tied to App Store apps. The company is also seeking a stay of the appeals court’s contempt finding that its 27% commission on purchases using developers’ own payment systems undermined the court-ordered right to link to external payment options. The dispute stems from Epic Games adding external payments to Fortnite in 2020 to bypass App Store fees; lower courts and the Ninth Circuit found Apple in contempt in December 2025 and sent the issue back to a lower court. Apple argues the fee reflects broader App Store services, while Epic and developers say the charge defeats the court’s intent. Epic spokesperson Natalie Munoz criticized Apple’s stay request as a delay tactic.
Court Keeps Apple App Store Payment Link Changes Active
The U.S. Court of Appeals for the Ninth Circuit granted Epic Games’ motion to reverse a prior stay, ordering that Apple must continue to allow developers to include links to external payment options in iOS apps without charging commissions. The decision reverses an earlier order that temporarily paused App Store payment changes while Apple sought Supreme Court review. Epic called Apple’s attempt to pause the changes a delay tactic. The court found Apple had not shown good cause that it would suffer irreparable harm if the changes remained in place. The case is headed toward possible Supreme Court review; its final outcome will determine whether and how Apple can collect fees on purchases made outside the U.S. App Store.
Software Stocks Rally in Q3; Cramer Sees More Upside
In the third quarter, software stocks rebounded strongly as concerns about AI disrupting traditional business models eased. The iShares Expanded Tech-Software Sector ETF (IGV) rose 17%, while the semiconductor ETF fell 11%. Salesforce rallied 46%, helped by the launch of 'Claudeforce' with Anthropic, and Microsoft gained 37% on strong Copilot demand and Azure growth. Workday and Veeva also saw significant gains. Jim Cramer highlighted the comeback as the defining market story and remains bullish on Salesforce and Microsoft, while noting that higher interest rates pose a risk. Cybersecurity stocks like CrowdStrike also performed well. The article reflects market sentiment and investor perspectives but does not introduce new corporate events or significant AdTech developments.
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