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Epic Games adds to legal lineup for Supreme Court showdown with Apple

By Reuters News

By Mike Scarcella

WASHINGTON, Nov 13 (Reuters) - 'Fortnite' maker Epic Games has added a seasoned US Supreme Court lawyer from Mayer Brown to its legal team as it prepares for a high-stakes clash with Apple in January over a ruling that found the iPhone maker in contempt of court.

Here are some details:

  • Epic’s legal team now includes Mayer Brown’s Nicole Saharsky, who appeared on the company’s filing on Friday urging the justices to reject Apple’s appeal. Saharsky, who has argued 32 cases at the Supreme Court, is working with Epic’s longtime legal team at Cravath, Swaine & Moore

  • The justices on January 11 will hear Apple’s appeal of a ruling holding the company in contempt of a court's injunction that mandated sweeping changes to its lucrative App Store

  • “Rather than complying with the district court’s order, Apple started charging a 27% junk fee on purchases made on the open web, and then made it nearly impossible for customers to link out to make those purchases,” Epic said in a statement on social media. “Contempt is for companies that knowingly violate court orders.”

  • Epic won the injunction in a lawsuit it filed in 2020 contesting Apple's app store fees. The lawsuit challenged Apple's control over transactions in applications that use the company's iOS operating system and its ​restrictions on how apps are distributed to consumers

  • Apple denies it has violated the order, saying that the text of the injunction did not mention commissions. The company, represented by former US solicitor general Gregory Garre of Latham & Watkins, said it can’t be held in contempt for “an after-the-fact assessment of an order’s unstated ‘spirit’.”



The case is Apple Inc v. Epic Games Inc, US Supreme Court, No. 25-1311.

For Apple: Gregory Garre of Latham & Watkins

For Epic: Nicole Saharsky of Mayer Brown

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