App developers who pay 30% commission fee to Apple via In-App Purchasing should take note of an important legal decision recently presented to the Supreme Court for possible review. The Supreme Court’s decision whether to take the case, and its ultimate decision if it does take the case, will directly affect the commission that developers must pay Apple to sell their products using the App Store. In particular, Apple has asked the Supreme Court to limit the scope of a permanent injunction issued against it by a lower federal court in the Northern District of California in Epic Games, Inc. v. Apple, Inc. and upheld on appeal by the Ninth Circuit Court of Appeals. (Epic also filed a separate petition requesting Supreme Court review of the lower court’s rejection of certain antitrust claims, but this blog only discusses the petition filed by Apple.) Continue Reading Will Supreme Court Consider Whether to Allow an Alternative to In-App Purchasing on the App Store?
Hwan Kim is a partner in the Corporate Practice Group in the firm's Washington, D.C. office. He also serves as a leader of the firm's International Litigation and Arbitration Team.