Supreme Court of the United States · Official docket →
Apple Inc. v. Epic Games, Inc.
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 25-2935 · judgment December 11, 2025
Before the decision, about 4.5× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a circuit split argued in the petition, and a Ninth Circuit decision below, and down for a business respondent.
Questions presented
Granted limited to question 1 presented by the petition. This case presents two fundamental and recurring questions concerning the limits on the equitable authority of the federal courts:
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Whether a court may hold a party in civil contempt based on a violation of an injunction's "spirit" where the injunction is silent as to the conduct upon which contempt is based, as the Ninth Circuit holds; or, instead, whether a court must ground a finding of civil contempt on the violation of an order that clearly and unambiguously proscribes the precise conduct at issue, as other circuits hold.
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Whether the Ninth Circuit has properly created an "antitrust" or "competition" exception to Trump v. CASA, Inc., 606 U.S. 831 (2025), and the longstanding equitable principles on which CASA rests, or otherwise disregarded CASA's limits.
Counsel of record
For petitioner
Gregory George Garre
Latham & Watkins LLP
For respondent
Gary Andrew Bornstein
Cravath, Swaine & Moore LLP
Case
Subject area
Judicial Power (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 2 conferences
Amicus briefs
1 cert-stage · 9 merits
(9 supporting pet./neither)
Linked docket
26A194
Order
Order list, June 30, 2026 · Certiorari granted
Proceedings
- Sep 21 2026Brief amici curiae of Computer & Communications Industry Association, et al. filed.
- Sep 21 2026Brief amici curiae of Professor Michael T. Morley, et al. in support of neither party filed.
- Sep 21 2026Brief amicus curiae of Protect the First Foundation filed.
- Sep 21 2026Brief amicus curiae of Chamber of Progress filed.
- Sep 21 2026Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
- Sep 21 2026Brief amici curiae of Former Federal Antitrust Enforcers filed.
- Sep 21 2026Brief amicus curiae of United States in support of neither party filed.
- Sep 19 2026Brief amicus curiae of International Center for Law and Economics filed.
- Sep 16 2026Brief amicus curiae of Washington Legal Foundation filed.
- Sep 14 2026Brief of petitioner Apple Inc. filed.
- Sep 14 2026Joint appendix filed. (Statement of costs filed)
- Aug 13 2026Reply of applicant Apple Inc. filed.
- Aug 13 2026Application (26A194) denied by Justice Kagan.
- Aug 12 2026Application (26A194) for a stay, submitted to Justice Kagan.
- Aug 12 2026Order entered by Justice Kagan: Upon consideration of the application of counsel for the applicant, it is ordered that further proceedings in the United States District Court for the Northern District of California, case No. 4:20-cv-5640, are hereby administratively stayed until 5 p.m. (EDT) on Thursday, August 13, 2026.
- Aug 12 2026Opposition to Request for Administrative Stay filed.
- Jul 23 2026Motion to extend the time to file the briefs on the merits granted. The time to file petitioner's brief and the joint appendix is extended to and including September 14, 2026. The time to file respondent's brief is extended to and including November 13, 2026.
- Jul 22 2026Motion for an extension of time to file the briefs on the merits filed.
- Jun 30 2026Petition GRANTED limited to Question 1 presented by the petition.
- Jun 29 2026DISTRIBUTED for Conference of 6/29/2026.
- Jun 09 2026DISTRIBUTED for Conference of 6/25/2026.
- Jun 09 2026Reply of petitioner Apple Inc. filed. (Distributed)
- Jun 05 2026Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
- Jun 04 2026Brief of respondent Epic Games, Inc. in opposition filed.
- Jun 03 2026Brief amici curiae of Computer & Communications Industry Association, et al. filed.
- May 21 2026Petition for a writ of certiorari filed. (Response due June 26, 2026)