Court hands Apple fresh loss in Epic App Store appeal

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The 9th U.S. Circuit Court of Appeals has issued a mixed ruling on Apple’s appeal of a contempt order, delivering a “fresh loss” to Apple in some respects while at the same time granting partial relief.  Apple was held in contempt by Judge Gonzalez Rogers who tagged its actions a “willful violation” and a “cover-up” to preserve billions in revenue.  The federal appeals court sided with Epic Games Inc. in its long-running dispute with Apple Inc., by upholding a lower-court contempt ruling against the company  and directing a judge to decide what commission the company is allowed to charge developers on transactions that occur outside of the App Store. Apple and Epic Games continue legal bout In the 54-page ruling on Thursday, the 9th US Circuit Court of Appeals in San Francisco found Apple guilty of violating a lower court’s injunction by imposing a 27% fee on transactions and affirmed US District Judge Yvonne Gonzalez Rogers’ decision to hold the company in contempt.  At the same time, the three-judge panel urged Gonzalez Rogers to reconsider what commission Apple can charge developers for use of its intellectual property. “Apple is entitled to some compensation for the use of its intellectual property that is directly used in permitting Epic and others to consummate linked-out purchases,” the court claims. It is the latest episode in the feud between Apple and Epic which has continued for more than five years with Epic accusing Apple of illegally blocking competition to its App Store.  Rogers’ ruling in April accused Apple of deliberately flouting her 2021 order to allow developers to direct consumers to cheaper payment options online. Apple enjoys a 15% to 30% cut of most in-app purchases, a fact that has long angered developers and one Apple sought to protect by reducing the commission it…