U.S. appeals court reinstates Epic Games ruling as Apple prepares Supreme Court challenge

The legal dispute between Epic Games and Apple has taken another turn after a U.S. appellate court lifted a temporary pause on enforcing changes to the App Store’s payment rules, allowing the case to proceed while Apple considers an appeal to the Supreme Court of the United States.

The U.S. Court of Appeals for the Ninth Circuit granted Epic’s motion to reconsider an earlier decision that had stayed enforcement of a lower-court mandate. That mandate requires Apple to relax certain App Store restrictions tied to external payment mechanisms.

Earlier in April, the same court had sided with Apple’s request to pause implementation of the ruling, giving the company time to prepare a petition for Supreme Court review. Epic responded by challenging the stay, arguing it had insufficient time to oppose Apple’s request and describing the move as an attempt to delay limits on Apple’s commission practices for third-party transactions.

In its latest order, the appeals court concluded that Apple had not met the legal threshold required to justify maintaining the pause. Judges stated that Apple failed to demonstrate that it would suffer irreparable harm if the mandate proceeded, and questioned whether a Supreme Court review would materially change the need for further proceedings at the lower court level.

The decision referenced Federal Rule of Appellate Procedure 41(d), which requires parties seeking a stay pending a certiorari petition to show both a substantial legal question and good cause. According to the court, Apple did not sufficiently establish either condition.

The ruling also noted that additional proceedings—particularly those addressing commission structures—would likely be necessary regardless of whether the Supreme Court takes up the case. As a result, delaying those proceedings was not justified.

Following the decision, Epic reiterated its criticism of Apple’s fee structure for transactions conducted outside the App Store ecosystem. CEO Tim Sweeney stated publicly that such practices harm both developers and consumers and contravene existing legal standards.

Apple’s delaying tactics have come to an end! Now Epic v Apple returns to Judge Gonzales Rogers for hearings on exactly what fees Apple can charge to recoup costs of reviewing apps using competing payment methods. https://t.co/eukYzpu0dY

— Tim Sweeney (@TimSweeneyEpic) April 29, 2026

Apple has not publicly responded to the latest development. The company is expected to continue preparing its petition for Supreme Court review, which could determine whether the broader legal framework governing app marketplace policies will be reconsidered at the highest judicial level.