Thursday, January 20, Epic Games kicked off its appeal of the judge’s decision in the Epic v. Apple lawsuit, filing an opening brief with the United States Court of Appeals for the Ninth Circuit.
In the appeal, Epic Games asked whether Judge Yvonne Gonzalez-Rogers had made mistakes with some of her findings, including that Apple is not a monopolist.
Both Apple and Epic Games have decided to appeal the original ruling as neither company was satisfied with the outcome. Epic Games wanted the court to force Apple to support third-party App Stores, which did not happen.
Epic Games CEO Tim Sweeney said that the ruling wasn’t a “win for developers or for consumers,” and Epic Games confirmed that it planned to appeal shortly after the verdict was delivered.
The goal with the appeal is to get the judgment against Apple reversed, and much of the rest of the document goes over the original arguments from the initial lawsuit.
The district court’s judgment on Epic’s Sherman Act claims should be reversed and judgment of liability entered in Epic’s favor with a remand to determine the appropriate injunctive remedy. The district court’s judgment on Apple’s breach of contract and declaratory judgment counterclaims should be reversed and judgment entered in Epic’s favor
Epic’s full opening brief can be read on Scribd for those who are interested in the company’s anti-Apple arguments.
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