Epic Games, Inc. v. Apple, Inc.
| EPIC GAMES, INC. |
| APPLE, INC. |
| 38 LAW, ECONOMICS, AND BUSINESS PROFESSORS, TILE, COMMITTEE TO SUPPORT THE ANTITRUST LAWS, MATCH GROUP, INC., PUBLIC CITIZEN, BASECAMP, CONSUMER FEDERATION OF AMERICA AND DEVELOPERS, KNITRINO, 14 LAW, ECONOMICS, AND BUSINESS PROFESSORS, COALITION FOR APP FAIRNESS, ELECTRONIC FRONTIER FOUNDATION, STATE OF CALIFORNIA, MICROSOFT CORPORATION, UTAH AND 34 OTHER STATES, UNITED STATES OF AMERICA, AMERICAN ANTITRUST INSTITUTE, AMERICANS FOR PROSPERITY FOUNDATION, ACT | THE APP ASSOCIATION, FORMER NATIONAL SECURITY OFFICIALS AND SCHOLARS, CIVIL JUSTICE ASSOCIATION OF CALIFORNIA, WASHINGTON LEGAL FOUNDATION, COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION, CHAMBER OF PROGRESS, INTERNATIONAL CENTER FOR LAW & ECONOMICS, SCHOLARS OF LAW AND ECONOMICS, UNFAIR COMPETITION LAW PRACTITIONERS AND SCHOLARS, STATE OF UTAH, AND 34 OTHER STATES, LAW AND ECONOMICS SCHOLARS, ABBOTT, ALDEN; BUTLER, HENRY N.; LAMBERT, THOMAS A., MEESE, ALAN J.; PORTUESE AURILIEN; and YUN, JOHN M., INFORMATION TECHNOLOGY & INNOVATION FOUNDATION, LAW PROFESSORS, CENTER FOR CYBERSECURITY POLICY AND LAW, ROBLOX CORPORATION, FORMER FEDERAL ANTITRUST ENFORCERS ETHAN GLASS, LIPSKY JR., ABBOTT B. OVERTON, LESLIE; SAYYED, BILAL; TIERNEY, JAMES; and WRIGHT, JOSHUA and LAW AND BUSINESS PROFESSORS |
| 21-16506 |
| September 13, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Antitrust |
Opinions
We have the following opinions for this case:
| Description |
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 EPIC GAMES, INC. V. APPLE, INC.
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EPIC GAMES, INC. V. APPLE, INC.
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Docket Report
RSS Track this Docket
This docket was last retrieved on June 9, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 178 Filed (ECF) Amicus Curiae - Pending Unfair Competition Law Practitioners and Scholars in 21-16506, 21-16695 reply to response (motion to become amicus). Date of service: 06/09/2022. [12467944] [21-16506, 21-16695] (Kesselman, David) [Entered: 06/09/2022 05:22 PM] |
| Filing 177 Received 6 paper copies of Amicus Brief [ # 173 ] filed by Unfair Competition Law Practitioners and Scholars. [12464446] [21-16506, 21-16695] (SD) [Entered: 06/06/2022 02:27 PM] |
| Filing 176 Filed clerk order (Deputy Clerk: GS): Motion [ # 173 ] and opposition [ # 175 ] (ECF Filing) is referred to panel.; Motion (ECF Filing) motion to become amicus is referred to panel. (see attached PDF for complete order addressing Dkt No. 173) [12463052] [21-16506, 21-16695] (GS) [Entered: 06/03/2022 12:27 PM] |
| Filing 175 Filed (ECF) Appellee Apple, Inc. in 21-16506, Appellant Apple, Inc. in 21-16695 response opposing motion ([ # 173 ] Motion (ECF Filing), [ # 173 ] Motion (ECF Filing) motion to become amicus). Date of service: 06/02/2022. [12462020] [21-16506, 21-16695] (Perry, Mark) [Entered: 06/02/2022 11:54 AM] |
| Filing 174 Entered appearance of Amicus Curiae - Pending Unfair Competition Law Practitioners and Scholars. [12461896] [21-16506, 21-16695] (LA) [Entered: 06/02/2022 11:11 AM] |
| Filing 173 Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by UCL Practitioners and Scholars. Date of service: 06/01/2022. [12461615] [21-16506, 21-16695] (Kesselman, David) [Entered: 06/01/2022 08:16 PM] |
| Filing 172 Received 3 paper copies of further excerpts of record [ # 164 ] in 1 volume(s) filed by Appellant Epic Games, Inc. [12460123] [21-16506, 21-16695] (SD) [Entered: 05/31/2022 03:22 PM] |
| Filing 171 Received 6 paper copies of Third Brief on Cross-Appeal [ # 163 ] filed by Epic Games, Inc.. [12460114] [21-16506, 21-16695] (SD) [Entered: 05/31/2022 03:19 PM] |
| Filing 170 Streamlined request [169] by Appellee Apple, Inc. in 21-16506, Appellant Apple, Inc. in 21-16695 to extend time to file the brief is approved. Amended briefing schedule: the optional reply brief is due 07/15/2022. [12458164] [21-16506, 21-16695] (JN) [Entered: 05/27/2022 10:38 AM] |
| Filing 169 Filed (ECF) Streamlined request for extension of time to file Cross-Appeal Reply Brief by Appellee Apple, Inc. in 21-16506, Appellant Apple, Inc. in 21-16695. New requested due date is 07/15/2022. [12458101] [21-16506, 21-16695] (Perry, Mark) [Entered: 05/27/2022 10:06 AM] |
| Filing 168 Filed clerk order: The third brief on cross-appeal [ # 163 ] submitted by Epic Games, Inc. is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: yellow. The further excerpts of record [ # 164 ] submitted by Epic Games, Inc. are filed. Within 7 days of this order, filer is ordered to file 3 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [12457787] [21-16506, 21-16695] (LA) [Entered: 05/26/2022 04:34 PM] |
| Filing 167 Filed clerk order (Deputy Clerk: JN): Epic Games, Inc.s unopposed motion to exceed the type-volume limitations for the third brief on cross-appeal (Docket Entry No. [ # 162 ]) is granted. See 9th Cir. R. 32-2(a). The Clerk will file the brief submitted at Docket Entry No. [ # 163 ]. [12457737] [21-16506, 21-16695] (AF) [Entered: 05/26/2022 03:53 PM] |
| Filing 166 Streamlined request [165] by Appellee Apple, Inc. in 21-16506, Appellant Apple, Inc. in 21-16695 to extend time to file the brief is not approved because it is unnecessary. The briefing schedule is stayed. See 9th Cir. R. 32-2. [12457350] [21-16506, 21-16695] (JN) [Entered: 05/26/2022 01:30 PM] |
| Filing 165 Filed (ECF) Streamlined request for extension of time to file Cross-Appeal Reply Brief by Appellee Apple, Inc. in 21-16506, Appellant Apple, Inc. in 21-16695. New requested due date is 07/15/2022. [12456988] [21-16506, 21-16695] (Perry, Mark) [Entered: 05/26/2022 09:51 AM] |
| Filing 164 Submitted (ECF) further excerpts of record. Submitted by Appellant Epic Games, Inc. in 21-16506, Appellee Epic Games, Inc. in 21-16695. Date of service: 05/25/2022. [12455957] [21-16506, 21-16695] (Forrest, Katherine) [Entered: 05/25/2022 10:44 AM] |
| Filing 163 Submitted (ECF) Third Brief on Cross-Appeal for review. Submitted by Appellant Epic Games, Inc. in 21-16506, Appellee Epic Games, Inc. in 21-16695. Date of service: 05/25/2022. [12455934] [21-16506, 21-16695] (Forrest, Katherine) [Entered: 05/25/2022 10:36 AM] |
| Filing 162 Filed (ECF) Appellant Epic Games, Inc. in 21-16506, Appellee Epic Games, Inc. in 21-16695 Unopposed Motion to file oversized brief. Date of service: 05/25/2022. [12455909] [21-16506, 21-16695] (Forrest, Katherine) [Entered: 05/25/2022 10:27 AM] |
| Filing 161 Added Attorney(s) Mark Andrew Perry for party(s) Appellee Apple, Inc., in case 21-16506 Attorney(s) Mark Andrew Perry for party(s) Appellant Apple, Inc., in case 21-16695. [12450035] [21-16506, 21-16695] (DJV) [Entered: 05/18/2022 11:46 AM] |
| Filing 160 Filed (ECF) notice of appearance of Mark Andrew Perry (Weil, Gotshal & Manges, LLP, 2001 M Street, NW, Washington, D.C. 20036) for Appellee Apple, Inc. in 21-16506, Appellant Apple, Inc. in 21-16695. Date of service: 05/18/2022. (Party was previously proceeding with counsel.) [12450025] [21-16506, 21-16695] (Perry, Mark) [Entered: 05/18/2022 11:42 AM] |
| Filing 159 Terminated Mark Andrew Perry for Apple, Inc. in 21-16506 and Apple, Inc. in 21-16695 [12441510] [21-16506, 21-16695] (DJV) [Entered: 05/09/2022 11:35 AM] |
| Filing 158 Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Mr. Mark Andrew Perry for Appellee Apple, Inc. in 21-16506, Attorney Mr. Mark Andrew Perry for Appellant Apple, Inc. in 21-16695. Party proceeding without counsel: No. Date of service: 05/09/2022. [12441500] [21-16506, 21-16695] (Perry, Mark) [Entered: 05/09/2022 11:30 AM] |
| Filing 157 Attorney Lori Alvino McGill in 21-16506 and Attorney Lori Alvino McGill in 21-16695 substituted by Attorney Ryan Walsh in 21-16506 and Attorney Ryan Walsh in 21-16695 [12431280] [21-16506, 21-16695] (DJV) [Entered: 04/26/2022 11:53 AM] |
| Filing 156 Filed (ECF) notice of appearance of Ryan J. Walsh (Eimer Stahl LLP, 10 East Doty Street, Suite 800, Madison, WI 53703) for Amicus Curiae IT&IF in 21-16506, 21-16695. Substitution for Attorney Lori Alvino McGill for Amicus Curiae IT&IF in 21-16506, 21-16695. Date of service: 04/26/2022. (Party was previously proceeding with counsel.) [12431260] [21-16506, 21-16695] (Walsh, Ryan) [Entered: 04/26/2022 11:46 AM] |
| Filing 155 Received 6 paper copies of Amicus Brief [ # 122 ] filed by Center for Cybersecurity Policy and Law. [12414379] [21-16506, 21-16695] (SD) [Entered: 04/06/2022 04:08 PM] |
| Filing 154 Received 6 paper copies of Amicus Brief [ # 120 ] filed by IT&IF. [12414371] [21-16506, 21-16695] (SD) [Entered: 04/06/2022 03:58 PM] |
| Filing 153 Received 6 paper copies of Amicus Brief [ # 121 ] filed by Law Professors. [12414357] [21-16506, 21-16695] (SD) [Entered: 04/06/2022 03:53 PM] |
| Filing 152 Received 6 paper copies of Amicus Brief [ # 125 ] filed by Former Federal Antitrust Enforcers, et al.. [12413704] [21-16506, 21-16695] (SD) [Entered: 04/06/2022 09:42 AM] |
| Filing 151 Received 6 paper copies of Amicus Brief [ # 118 ] filed by State of California. [12413699] [21-16506, 21-16695] (SD) [Entered: 04/06/2022 09:38 AM] |
| Filing 150 Received 6 paper copies of Amicus Brief [ # 119 ] filed by Law and Economics Scholars. [12413680] [21-16506, 21-16695] (SD) [Entered: 04/06/2022 09:30 AM] |
| Filing 149 Received 6 paper copies of Amicus Brief [ # 126 ] filed by Law and Business Professors. [12413674] [21-16506, 21-16695] (SD) [Entered: 04/06/2022 09:25 AM] |
| Filing 148 Received 6 paper copies of Amicus Brief [ # 99 ] filed by Americans for Prosperity Foundation. [12413672] [21-16506, 21-16695] (SD) [Entered: 04/06/2022 09:20 AM] |
| Filing 147 Received 6 paper copies of Amicus Brief [ # 103 ] filed by WLF. [12413671] [21-16506, 21-16695] (SD) [Entered: 04/06/2022 09:18 AM] |
| Filing 146 Received 6 paper copies of Amicus Brief [ # 102 ] filed by Civil Justice Association of California. [12413666] [21-16506, 21-16695] (SD) [Entered: 04/06/2022 09:13 AM] |
| Filing 145 Received 6 paper copies of Amicus Brief [ # 123 ] filed by Roblox Corporation. [12413660] [21-16506, 21-16695] (SD) [Entered: 04/06/2022 09:10 AM] |
| Filing 144 Received 6 paper copies of Amicus Brief [ # 111 ] filed by International Center for Law & Economics and Scholars of Law and Economics. [12412375] [21-16506, 21-16695] (SD) [Entered: 04/04/2022 04:25 PM] |
| Filing 143 Received 6 paper copies of Amicus Brief [ # 105 ] filed by Chamber of Progress. [12412369] [21-16506, 21-16695] (SD) [Entered: 04/04/2022 04:22 PM] |
| Filing 142 Received 6 paper copies of Amicus Brief [ # 100 ] filed by ACT | The App Association. [12412362] [21-16506, 21-16695] (SD) [Entered: 04/04/2022 04:20 PM] |
| Filing 141 Received 6 paper copies of Amicus Brief [ # 104 ] filed by CCIA. [12412359] [21-16506, 21-16695] (SD) [Entered: 04/04/2022 04:17 PM] |
| Filing 140 Received 6 paper copies of Amicus Brief [ # 101 ] filed by Former National Security Officials and Scholars. [12412354] [21-16506, 21-16695] (SD) [Entered: 04/04/2022 04:14 PM] |
| Filing 139 Filed clerk order: The amicus brief [ # 123 ] submitted by Roblox Corporation is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [12411058] [21-16506, 21-16695] (KWG) [Entered: 04/01/2022 04:15 PM] |
| Filing 138 Added Attorney Marc Zwillinger for Amicus Curiae Center for Cybersecurity Policy and Law, in cases 21-16506 and 21-16695. [12411055] [21-16506, 21-16695] (HH) [Entered: 04/01/2022 04:14 PM] |
| Filing 137 Filed (ECF) notice of appearance of Marc J. Zwillinger (ZwillGen PLLC, 1900 M Street NW, Suite 250, Washington, DC 20036) for Amicus Curiae Center for Cybersecurity Policy and Law in 21-16506, 21-16695. Date of service: 04/01/2022. (Party was previously proceeding with counsel.) [12411049] [21-16506, 21-16695] (Zwillinger, Marc) [Entered: 04/01/2022 04:10 PM] |
| Filing 136 Received 6 paper copies of Second Brief on Cross-Appeal [ # 93 ] filed by Apple, Inc.. [12411029] [21-16506, 21-16695] (SD) [Entered: 04/01/2022 03:55 PM] |
| Filing 135 Filed clerk order: The amicus brief [ # 126 ] submitted by Law and Business Professors is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [12410853] [21-16506, 21-16695] (KWG) [Entered: 04/01/2022 01:58 PM] |
| Filing 134 Filed clerk order: The amicus brief [ # 125 ] submitted by Former Federal Antitrust Enforcers, et al. is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [12410849] [21-16506, 21-16695] (KWG) [Entered: 04/01/2022 01:56 PM] |
| Filing 133 Filed clerk order: The amicus brief [ # 120 ] submitted by IT&IF is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [12410845] [21-16506, 21-16695] (KWG) [Entered: 04/01/2022 01:54 PM] |
| Filing 132 Filed clerk order: The amicus brief [ # 121 ] submitted by Law Professors is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [12410836] [21-16506, 21-16695] (KWG) [Entered: 04/01/2022 01:51 PM] |
| Filing 131 Filed clerk order: The amicus brief [ # 122 ] submitted by Center for Cybersecurity Policy and Law is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [12410830] [21-16506, 21-16695]--[COURT UPDATE: Updated link to relfect correct brief. 04/01/2022 by KWG] (KWG) [Entered: 04/01/2022 01:48 PM] |
| Filing 130 Filed clerk order: The amicus brief [ # 119 ] submitted by Law and Economics Scholars is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [12410826] [21-16506, 21-16695] (KWG) [Entered: 04/01/2022 01:46 PM] |
| Filing 129 Filed clerk order: The amicus brief [ # 118 ] submitted by State of California is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [12410819] [21-16506, 21-16695]--[COURT UPDATE: Updated docket text to reflect correct color cover. 04/04/2022 by KWG] (KWG) [Entered: 04/01/2022 01:35 PM] |
| Filing 128 Entered appearance of Amici Curiae State of California, Law and Economics Scholars, IT&IF, Law Professors, Center for Cybersecurity Policy and Law, Roblox Corporation, Former Federal Antitrust Enforcers Ethan Glass and Law and Business Professors. [12410816] [21-16506, 21-16695] (KWG) [Entered: 04/01/2022 01:29 PM] |
| Filing 127 Received 3 paper copies of supplemental excerpts of record [ # 94 ] in 4 volume(s) and index volume filed by Appellee/Cross-Appellant Apple, Inc. [12410695] [21-16506, 21-16695] (LA) [Entered: 04/01/2022 11:45 AM] |
| Filing 126 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Law and Business Professors. Date of service: 03/31/2022. [12410562] [21-16506, 21-16695] (Hartnett, Kathleen) [Entered: 04/01/2022 10:18 AM] |
| Filing 125 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Former Federal Antitrust Enforcers Ethan Glass, Abbott B. Lipsky, Jr., Leslie Overton, Bilal Sayyed, James Tierney, and Joshua Wright. Date of service: 03/31/2022. [12410335] [21-16506] (Garre, Gregory) [Entered: 03/31/2022 06:24 PM] |
| Filing 124 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 126 ]. Original Text: Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by Law and Business Professors. Date of service: 03/31/2022. [12410331] [21-16506, 21-16695] (Goodhart, Kathleen) [Entered: 03/31/2022 05:39 PM] |
| Filing 123 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Roblox Corporation as Amicus Curiae in Support of Defendant-Appellee Cross-Appellant Apple Inc.. Date of service: 03/31/2022. [12410307] [21-16506, 21-16695]--[COURT UPDATE: Attached corrected PDF of the brief. 04/01/2022 by KWG] (Llewellyn, Paul) [Entered: 03/31/2022 04:55 PM] |
| Filing 122 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by The Center for Cybersecurity Policy and Law. Date of service: 03/31/2022. [12410297] [21-16506, 21-16695] (Orenstein, James) [Entered: 03/31/2022 04:49 PM] |
| Filing 121 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Amici Curiae Law Professors in support of Defendant-Counterclaimant-Appellee-Cross-appellant. Date of service: 03/31/2022. [12410122] [21-16506, 21-16695] (Tween, Douglas) [Entered: 03/31/2022 03:23 PM] |
| Filing 120 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Information Technology & Innovation Foundation. Date of service: 03/31/2022. [12410121] [21-16506, 21-16695] (Alvino McGill, Lori) [Entered: 03/31/2022 03:23 PM] |
| Filing 119 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Law and Economics Scholars, Alden Abbott, Henry N. Butler, Thomas A. Lambert, Alan J. Meese, Aurilien Portuese, John M. Yun. Date of service: 03/31/2022. [12410048] [21-16506, 21-16695] (Falk, Donald) [Entered: 03/31/2022 02:50 PM] |
| Filing 118 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by State of California. Date of service: 03/31/2022. [12409980] [21-16506, 21-16695] (Wang, Brian) [Entered: 03/31/2022 02:16 PM] |
| Filing 117 Filed clerk order: The amicus brief [ # 111 ] submitted by International Center for Law & Economics and Scholars of Law and Economics is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [12409968] [21-16506, 21-16695] (KWG) [Entered: 03/31/2022 02:13 PM] |
| Filing 116 Entered appearance of Amici Curiae International Center for Law & Economics and Scholars of Law and Economics. [12409965] [21-16506, 21-16695] (KWG) [Entered: 03/31/2022 02:11 PM] |
| Filing 115 Filed clerk order: The amicus brief [ # 105 ] submitted by Chamber of Progress is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [12409956] [21-16506, 21-16695] (KWG) [Entered: 03/31/2022 02:09 PM] |
| Filing 114 Filed clerk order: The amicus brief [ # 104 ] submitted by CCIA is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [12409951] [21-16506, 21-16695] (KWG) [Entered: 03/31/2022 02:07 PM] |
| Filing 113 Filed clerk order: The amicus brief [ # 103 ] submitted by WLF is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [12409944] [21-16506, 21-16695] (KWG) [Entered: 03/31/2022 02:06 PM] |
| Filing 112 Filed clerk order: The amicus brief [ # 102 ] submitted by Civil Justice Association of California is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [12409940] [21-16506, 21-16695] (KWG) [Entered: 03/31/2022 02:04 PM] |
| Filing 111 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by International Center for Law & Economics and Scholars of Law and Economics. Date of service: 03/31/2022. [12409936] [21-16506, 21-16695] (Pace, Jack) [Entered: 03/31/2022 02:03 PM] |
| Filing 110 Filed clerk order: The amicus brief [ # 101 ] submitted by Former National Security Officials and Scholars is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [12409930] [21-16506, 21-16695] (KWG) [Entered: 03/31/2022 02:02 PM] |
| Filing 109 Filed clerk order: The amicus brief [ # 100 ] submitted by ACT | The App Association is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [12409923] [21-16506, 21-16695] (KWG) [Entered: 03/31/2022 02:00 PM] |
| Filing 108 Filed clerk order: The amicus brief [ # 99 ] submitted by Americans for Prosperity Foundation is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [12409918] [21-16506, 21-16695] (KWG) [Entered: 03/31/2022 01:59 PM] |
| Filing 107 Entered appearance of Amicus Curiae Chamber of Progress. [12409906] [21-16506, 21-16695] (KWG) [Entered: 03/31/2022 01:53 PM] |
| Filing 106 Entered appearance of Amici Curiae Americans for Prosperity Foundation, ACT | The App Association, Former National Security Officials and Scholars, Civil Justice Association of California, WLF and CCIA. [12409900] [21-16506, 21-16695] (KWG) [Entered: 03/31/2022 01:50 PM] |
| Filing 105 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Chamber of Progress. Date of service: 03/31/2022. [12409893] [21-16506, 21-16695] (Hirsch, Steven) [Entered: 03/31/2022 01:46 PM] |
| Filing 104 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Computer & Communications Industry Association. Date of service: 03/31/2022. [12409620] [21-16506, 21-16695] (Joyce, Stephanie) [Entered: 03/31/2022 09:55 AM] |
| Filing 103 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Washington Legal Foundation. Date of service: 03/31/2022. [12409577] [21-16506, 21-16695] (Masslon, John) [Entered: 03/31/2022 09:25 AM] |
| Filing 102 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Civil Justice Association of California. Date of service: 03/31/2022. [12409575] [21-16695, 21-16506] (Hiestand, Fred) [Entered: 03/31/2022 09:23 AM] |
| Filing 101 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Former National Security Officials and Scholars. Date of service: 03/31/2022. [12409518] [21-16506, 21-16695] (Englert, Roy) [Entered: 03/31/2022 08:51 AM] |
| Filing 100 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by ACT / The App Association. Date of service: 03/31/2022. [12409489] [21-16506, 21-16695] (Dunn, Robert) [Entered: 03/31/2022 08:21 AM] |
| Filing 99 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Americans for Prosperity Foundation. Date of service: 03/31/2022. [12409442] [21-16506, 21-16695] (Pepson, Michael) [Entered: 03/31/2022 07:05 AM] |
| Filing 98 Filed clerk order: The second brief on cross-appeal [ # 93 ] submitted by Apple, Inc. is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: red. The supplemental excerpts of record [ # 94 ] submitted by Apple, Inc. are filed. Within 7 days of this order, filer is ordered to file 3 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [12406577] [21-16506, 21-16695] (KWG) [Entered: 03/28/2022 03:16 PM] |
| Filing 97 Filed clerk order (Deputy Clerk: JN): Apple Inc.s motion to exceed the type-volume limitations for the second brief on cross-appeal (Docket Entry No. [ # 92 ]) is granted. See 9th Cir. R. 32-2(a). The Clerk will file the brief and supplemental excerpts of record submitted at Docket Entry Nos. [ # 93 ] and [ # 94 ]. The third brief on cross-appeal is due on May 25, 2022. The optional cross- appeal reply brief is due 21 days from the date of service of the third brief on cross-appeal. [12406162] [21-16506, 21-16695] (WL) [Entered: 03/28/2022 11:53 AM] |
| Filing 96 ENTRY UPDATED. Streamlined request [95] by Appellant Epic Games, Inc. in 21-16506, Appellee Epic Games, Inc. in 21-16695 to extend time to file the brief is approved. Streamline requests allow for 30 day extensions. Amended briefing schedule: Third brief on cross appeal due 05/25/2022 for Epic Games, Inc.. The optional cross appeal reply brief is due 21 days from the date of service of the third brief on cross appeal. [12405505] [21-16506, 21-16695]--[Edited 03/25/2022 by DLM] (DLM) [Entered: 03/25/2022 04:55 PM] |
| Filing 95 Filed (ECF) Streamlined request for extension of time to file Third Brief on Cross-Appeal by Appellant Epic Games, Inc. in 21-16506, Appellee Epic Games, Inc. in 21-16695. New requested due date is 05/23/2022. [12405241] [21-16506, 21-16695] (Forrest, Katherine) [Entered: 03/25/2022 01:55 PM] |
| Filing 94 Submitted (ECF) supplemental excerpts of record. Submitted by Appellee Apple, Inc. in 21-16506, Appellant Apple, Inc. in 21-16695. Date of service: 03/24/2022. [12404502] [21-16506, 21-16695]--[COURT UPDATE: Attached corrected PDF of the excerpts, vols 1-4 and index vol. 03/25/2022 by KWG] (Perry, Mark) [Entered: 03/24/2022 03:36 PM] |
| Filing 93 Submitted (ECF) Second Brief on Cross-Appeal for review. Submitted by Appellee Apple, Inc. in 21-16506, Appellant Apple, Inc. in 21-16695. Date of service: 03/24/2022. [12404491] [21-16506, 21-16695] (Perry, Mark) [Entered: 03/24/2022 03:30 PM] |
| Filing 92 Filed (ECF) Appellee Apple, Inc. in 21-16506, Appellant Apple, Inc. in 21-16695 Motion to file oversized brief. Date of service: 03/24/2022. [12404482] [21-16506, 21-16695] (Perry, Mark) [Entered: 03/24/2022 03:26 PM] |
| Filing 91 Received 6 paper copies of Amicus Brief [ # 51 ] filed by Consumer Federation of America and Developers. [12365496] [21-16506, 21-16695] (SD) [Entered: 02/09/2022 02:55 PM] |
| Filing 90 Terminated participation of Court Reporter Jo Ann Bryce in this case (retired, other court reporter remaining on case). [12361361] [21-16026, 21-16033, 21-16083, 21-16154, 21-16157, 21-16187, 21-16264, 21-16506, 21-16695, 21-16538] (RY) [Entered: 02/04/2022 02:52 PM] |
| Filing 89 Received 6 paper copies of Amicus Brief [ # 50 ] filed by Public Citizen. [12360949] [21-16506, 21-16695] (SD) [Entered: 02/04/2022 11:37 AM] |
| Filing 88 Received 6 paper copies of Amicus Brief [ # 49 ] filed by Committee to Support the Antitrust Laws. [12360939] [21-16506, 21-16695] (SD) [Entered: 02/04/2022 11:31 AM] |
| Filing 87 Received 6 paper copies of Amicus Brief [ # 52 ] filed by 14 LAW, ECONOMICS, AND BUSINESS PROFESSORS. [12360515] [21-16506, 21-16695] (SD) [Entered: 02/03/2022 04:43 PM] |
| Filing 86 Received 6 paper copies of Amicus Brief [ # 54 ] filed by Microsoft Corporation. [12358890] [21-16506, 21-16695] (NAR) [Entered: 02/02/2022 01:52 PM] |
| Filing 85 Received 6 paper copies of Amicus Brief [ # 57 ] filed by American Antitrust Institute. [12358670] [21-16506, 21-16695] (SD) [Entered: 02/02/2022 11:58 AM] |
| Filing 84 Received 6 paper copies of Amicus Brief [ # 53 ] filed by Electronic Frontier Foundation. [12357971] [21-16506, 21-16695] (SD) [Entered: 02/01/2022 04:25 PM] |
| Filing 83 Received 6 paper copies of Amicus Brief [ # 56 ] filed by USA. [12357951] [21-16506, 21-16695] (SD) [Entered: 02/01/2022 04:18 PM] |
| Filing 82 Received 6 paper copies of Amicus Brief [ # 55 ] filed by Utah and 34 Other States. [12357912] [21-16506, 21-16695] (SD) [Entered: 02/01/2022 04:06 PM] |
| Filing 81 Received 6 paper copies of Amicus Brief [ # 48 ] filed by 38 LAW, ECONOMICS, AND BUSINESS PROFESSORS. [12357088] [21-16506, 21-16695] (SD) [Entered: 02/01/2022 10:08 AM] |
| Filing 80 Filed clerk order: The amicus brief [ # 54 ] submitted by Microsoft Corporation is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [12355466] [21-16506, 21-16695] (KWG) [Entered: 01/31/2022 08:10 AM] |
| Filing 79 Added Attorney(s) Nickolai Gilford Levin for party(s) Amicus Curiae USA, in case 21-16506 Attorney(s) Nickolai Gilford Levin for party(s) Amicus Curiae USA, in case 21-16695. [12354659] [21-16506, 21-16695] (DJV) [Entered: 01/28/2022 01:56 PM] |
| Filing 78 Filed (ECF) notice of appearance of Nickolai G. Levin (United States Department of Justice, Antitrust Division, 950 Pennsylvania Avenue NW, Washington, DC 20530) for Amicus Curiae USA in 21-16506, 21-16695. Date of service: 01/28/2022. (Party was previously proceeding with counsel.) [12354655] [21-16506, 21-16695] (Levin, Nickolai) [Entered: 01/28/2022 01:55 PM] |
| Filing 77 Added Attorney(s) Daniel Edward Haar for party(s) Amicus Curiae USA, in case 21-16506 Attorney(s) Daniel Edward Haar for party(s) Amicus Curiae USA, in case 21-16695. [12354654] [21-16506, 21-16695] (DJV) [Entered: 01/28/2022 01:54 PM] |
| Filing 76 Filed (ECF) notice of appearance of Daniel E. Haar (United States Department of Justice, Antitrust Division, 950 Pennsylvania Avenue NW, Washington, DC 20530) for Amicus Curiae USA in 21-16506, 21-16695. Date of service: 01/28/2022. (Party was previously proceeding with counsel.) [12354643] [21-16506, 21-16695] (Haar, Daniel) [Entered: 01/28/2022 01:52 PM] |
| Filing 75 Added Attorney(s) Matthew C. Mandelberg for party(s) Amicus Curiae USA, in case 21-16506 Attorney(s) Matthew C. Mandelberg for party(s) Amicus Curiae USA, in case 21-16695. [12354642] [21-16506, 21-16695] (DJV) [Entered: 01/28/2022 01:51 PM] |
| Filing 74 Filed (ECF) notice of appearance of Matthew C. Mandelberg (United States Department of Justice, Antitrust Division, 950 Pennsylvania Avenue NW, Washington, DC 20530) for Amicus Curiae USA in 21-16506, 21-16695. Date of service: 01/28/2022. (Party was previously proceeding with counsel.) [12354633] [21-16506, 21-16695] (Mandelberg, Matthew) [Entered: 01/28/2022 01:48 PM] |
| Filing 73 Notice of Appearance (ECF Filing) , Notice of Appearance (ECF Filing) , Notice of Appearance (ECF Filing) [71], [70], [69] is rejected. Filer is not permitted to file on behalf of another attorney. Each attorney must file their own notice of appearance. [12354525] [21-16506, 21-16695] (DJV) [Entered: 01/28/2022 12:55 PM] |
| Filing 72 Added Attorney(s) Patrick Michael Kuhlmann for party(s) Amicus Curiae USA, in case 21-16506 Attorney(s) Patrick Michael Kuhlmann for party(s) Amicus Curiae USA, in case 21-16695. [12354524] [21-16506, 21-16695] (DJV) [Entered: 01/28/2022 12:53 PM] |
| Filing 71 Filed (ECF) notice of appearance of Nickolai G. Levin (United States Department of Justice, Antitrust Division, 950 Pennsylvania Avenue NW, Washington, DC 20530) for Amicus Curiae USA in 21-16506, 21-16695. Date of service: 01/28/2022. (Party was previously proceeding with counsel.) [12354503] [21-16506, 21-16695] (Kuhlmann, Patrick) [Entered: 01/28/2022 12:43 PM] |
| Filing 70 Filed (ECF) notice of appearance of Daniel E. Haar (United States Department of Justice, Antitrust Division, 950 Pennsylvania Avenue NW, Washington, DC 20530) for Amicus Curiae USA in 21-16506, 21-16695. Date of service: 01/28/2022. (Party was previously proceeding with counsel.) [12354502] [21-16506, 21-16695] (Kuhlmann, Patrick) [Entered: 01/28/2022 12:38 PM] |
| Filing 69 Filed (ECF) notice of appearance of Matthew C. Mandelberg (United States Department of Justice, Antitrust Division, 950 Pennsylvania Avenue NW, Washington, DC 20530) for Amicus Curiae USA in 21-16506, 21-16695. Date of service: 01/28/2022. (Party was previously proceeding with counsel.) [12354489] [21-16506, 21-16695] (Kuhlmann, Patrick) [Entered: 01/28/2022 12:30 PM] |
| Filing 68 Filed (ECF) notice of appearance of Patrick Michael Kuhlmann (United States Department of Justice, Antitrust Division, 950 Pennsylvania Avenue NW, Washington, DC 20530) for Amicus Curiae USA in 21-16506, 21-16695. Date of service: 01/28/2022. (Party was previously proceeding with counsel.) [12354477] [21-16506, 21-16695] (Kuhlmann, Patrick) [Entered: 01/28/2022 12:25 PM] |
| Filing 67 Filed clerk order: The amicus brief [ # 57 ] submitted by American Antitrust Institute is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [12354453] [21-16506, 21-16695] (KWG) [Entered: 01/28/2022 12:03 PM] |
| Filing 66 Filed clerk order: The amicus brief [ # 56 ] submitted by USA is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [12354450] [21-16506, 21-16695] (KWG) [Entered: 01/28/2022 12:02 PM] |
| Filing 65 Filed clerk order: The amicus brief [ # 55 ] submitted by Utah and 34 Other States is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [12354446] [21-16506, 21-16695] (KWG) [Entered: 01/28/2022 12:01 PM] |
| Filing 64 Filed clerk order: The amicus brief [ # 53 ] submitted by Electronic Frontier Foundation is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [12354440] [21-16506, 21-16695] (KWG) [Entered: 01/28/2022 11:59 AM] |
| Filing 63 Filed clerk order: The amicus brief [ # 52 ] submitted by 14 LAW, ECONOMICS, AND BUSINESS PROFESSORS is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [12354432] [21-16506, 21-16695] (KWG) [Entered: 01/28/2022 11:57 AM] |
| Filing 62 Filed clerk order: The amicus brief [ # 51 ] submitted by Consumer Federation of America and Developers in 21-16506 is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [12354424] [21-16506, 21-16695] (KWG) [Entered: 01/28/2022 11:55 AM] |
| Filing 61 Filed clerk order: The amicus brief [ # 50 ] submitted by Public Citizen is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [12354349] [21-16506, 21-16695] (KWG) [Entered: 01/28/2022 11:20 AM] |
| Filing 60 Filed clerk order: The amicus brief [ # 49 ] submitted by Committee to Support the Antitrust Laws is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [12354323] [21-16506, 21-16695] (KWG) [Entered: 01/28/2022 11:09 AM] |
| Filing 59 Filed clerk order: The amicus brief [ # 48 ] submitted by 38 LAW, ECONOMICS, AND BUSINESS PROFESSORS is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [12354316] [21-16506, 21-16695] (KWG) [Entered: 01/28/2022 11:06 AM] |
| Filing 58 Entered appearance of Amici Curiae 38 LAW, ECONOMICS, AND BUSINESS PROFESSORS, Committee to Support the Antitrust Laws, Public Citizen, Consumer Federation of America and Developers, 14 LAW, ECONOMICS, AND BUSINESS PROFESSORS, Electronic Frontier Foundation, Microsoft Corporation, Utah and 34 Other States , USA and American Antitrust Institute. [12354286] [21-16506, 21-16695] (KWG) [Entered: 01/28/2022 10:54 AM] |
| Filing 57 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by American Antitrust Institute. Date of service: 01/27/2022. [12353961] [21-16506, 21-16695] (Alexander, Laura) [Entered: 01/27/2022 08:54 PM] |
| Filing 56 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by United States of America. Date of service: 01/27/2022. [12353959] [21-16506, 21-16695] (Kuhlmann, Patrick) [Entered: 01/27/2022 08:04 PM] |
| Filing 55 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Utah and 34 Other States as Amici Curiae in Support of Plaintiff-Counter-Defendant-Appellant and Reversal. Date of service: 01/27/2022. [12353946] [21-16506, 21-16695] (Holyoak, Melissa) [Entered: 01/27/2022 06:14 PM] |
| Filing 54 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Microsoft Corporation. Date of service: 01/27/2022. [12353942] [21-16506, 21-16695]--[COURT UPDATE: Attached corrected PDF of the brief. 01/31/2022 by KWG] (Panner, Aaron) [Entered: 01/27/2022 06:00 PM] |
| Filing 53 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Electronic Frontier Foundation. Date of service: 01/27/2022. [12353935] [21-16506, 21-16695] (Stoltz, Mitchell) [Entered: 01/27/2022 05:39 PM] |
| Filing 52 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by 14 LAW, ECONOMICS, AND BUSINESS PROFESSORS. Date of service: 01/27/2022. [12353871] [21-16506, 21-16695] (Wyant, Christopher) [Entered: 01/27/2022 04:35 PM] |
| Filing 51 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by The Consumer Federation of America and Developers. Date of service: 01/27/2022. [12353810] [21-16506, 21-16695] (St. Phillip, Peter) [Entered: 01/27/2022 04:14 PM] |
| Filing 50 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Public Citizen. Date of service: 01/27/2022. [12353463] [21-16506, 21-16695] (Liu, Wendy) [Entered: 01/27/2022 01:55 PM] |
| Filing 49 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by The Committee to Support the Antitrust Laws. Date of service: 01/27/2022. [12353455] [21-16506, 21-16695] (Kozen, Geoffrey) [Entered: 01/27/2022 01:39 PM] |
| Filing 48 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by 38 LAW, ECONOMICS, AND BUSINESS PROFESSORS. Date of service: 01/27/2022. [12352822] [21-16695, 21-16506] (Carrier, Michael) [Entered: 01/27/2022 07:12 AM] |
| Filing 47 Received 6 paper copies of First Brief on Cross-Appeal [ # 41 ] filed by Epic Games, Inc. [12352595] [21-16506, 21-16695] (SD) [Entered: 01/26/2022 04:09 PM] |
| Filing 46 Received 3 paper copies of excerpts of record [ # 42 ] in 4 volume(s) and index volume filed by Appellant/Cross-Appellee Epic Games, Inc.. [12351879] [21-16506, 21-16695] (KWG) [Entered: 01/26/2022 11:40 AM] |
| Filing 45 Streamlined request [43] by Appellee Apple, Inc. in 21-16506, Appellant Apple, Inc. in 21-16695 to extend time to file the brief is approved. Amended briefing schedule: Second brief on cross appeal due 03/24/2022 for Apple, Inc.. Third brief on cross appeal due 04/25/2022 for Epic Games, Inc.. The optional cross appeal reply brief is due 21 days from the date of service of the third brief on cross appeal. [12347964] [21-16506, 21-16695] (DLM) [Entered: 01/21/2022 04:28 PM] |
| Filing 44 Filed clerk order: The first brief on cross-appeal [ # 41 ] submitted by Epic Games, Inc. is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: blue. The excerpts of record [ # 42 ] submitted by Epic Games, Inc. are filed. Within 7 days of this order, filer is ordered to file 3 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [12346918] [21-16506, 21-16695] (KWG) [Entered: 01/21/2022 09:42 AM] |
| Filing 43 Filed (ECF) Streamlined request for extension of time to file Second Brief on Cross-Appeal by Appellee Apple, Inc. in 21-16506, Appellant Apple, Inc. in 21-16695. New requested due date is 03/24/2022. [12346642] [21-16506, 21-16695] (Perry, Mark) [Entered: 01/20/2022 07:19 PM] |
| Filing 42 Submitted (ECF) excerpts of record. Submitted by Appellant Epic Games, Inc. in 21-16506, Appellee Epic Games, Inc. in 21-16695. Date of service: 01/20/2022. [12345572] [21-16506, 21-16695] (Forrest, Katherine) [Entered: 01/20/2022 10:08 AM] |
| Filing 41 Submitted (ECF) First Brief on Cross-Appeal for review. Submitted by Appellant Epic Games, Inc. in 21-16506, Appellee Epic Games, Inc. in 21-16695. Date of service: 01/20/2022. [12345532] [21-16506, 21-16695]--[COURT UPDATE: Updated docket text to reflect correct brief type. 01/21/2022 by KWG] (Forrest, Katherine) [Entered: 01/20/2022 09:47 AM] |
| Filing 40 Filed (ECF) Appellant Epic Games, Inc. in 21-16506, Appellee Epic Games, Inc. in 21-16695 Correspondence: Request that case is entitled to priority in hearing date pursuant to Circuit Rule 34-3.. Date of service: 01/20/2022 [12345518] [21-16506, 21-16695] (Forrest, Katherine) [Entered: 01/20/2022 09:40 AM] |
| Filing 39 Added Attorney(s) Tom Goldstein for party(s) Appellant Epic Games, Inc., in case 21-16506 Attorney(s) Tom Goldstein for party(s) Appellee Epic Games, Inc., in case 21-16695. [12345505] [21-16506, 21-16695] (DJV) [Entered: 01/20/2022 09:25 AM] |
| Filing 38 Added Attorney(s) Antony Ryan, Omid Nasab, Peter Barbur for party(s) Appellant Epic Games, Inc., in case 21-16506 Attorney(s) Antony Ryan, Omid Nasab, Peter Barbur for party(s) Appellee Epic Games, Inc., in case 21-16695. [12345489] [21-16506, 21-16695] (DJV) [Entered: 01/20/2022 09:18 AM] |
| Filing 37 Filed (ECF) notice of appearance of Thomas Che Goldstein (GOLDSTEIN & RUSSELL, P.C. 7475 Wisconsin Avenue Suite 850 Bethesda, MD 20814) for Appellant Epic Games, Inc. in 21-16506, Appellee Epic Games, Inc. in 21-16695. Date of service: 01/20/2022. (Party was previously proceeding with counsel.) [12345478] [21-16506, 21-16695] (Goldstein, Tom) [Entered: 01/20/2022 09:14 AM] |
| Filing 36 Filed (ECF) notice of appearance of Antony L. Ryan (Cravath, Swaine & Moore LLP, Worldwide Plaza, 825 Eighth Avenue, New York, NY 10019) for Appellant Epic Games, Inc. in 21-16506, Appellee Epic Games, Inc. in 21-16695. Date of service: 01/20/2022. (Party was previously proceeding with counsel.) [12345466] [21-16506, 21-16695] (Ryan, Antony) [Entered: 01/20/2022 09:09 AM] |
| Filing 35 Filed (ECF) notice of appearance of Peter T. Barbur (Cravath, Swaine & Moore LLP, Worldwide Plaza, 825 Eighth Avenue, New York, NY 10019) for Appellant Epic Games, Inc. in 21-16506, Appellee Epic Games, Inc. in 21-16695. Date of service: 01/20/2022. (Party was previously proceeding with counsel.) [12345465] [21-16506, 21-16695] (Barbur, Peter) [Entered: 01/20/2022 09:09 AM] |
| Filing 34 Filed (ECF) notice of appearance of Omid H. Nasab (Cravath, Swaine & Moore LLP, Worldwide Plaza, 825 Eighth Avenue, New York, NY 10019) for Appellant Epic Games, Inc. in 21-16506, Appellee Epic Games, Inc. in 21-16695. Date of service: 01/20/2022. (Party was previously proceeding with counsel.) [12345458] [21-16506, 21-16695] (Nasab, Omid) [Entered: 01/20/2022 09:06 AM] |
| Filing 33 Filed (ECF) Appellee Apple, Inc. in 21-16506, Appellant Apple, Inc. in 21-16695 Correspondence: Joint Blanket Consent for Amicus Curiae Briefs. Date of service: 01/19/2022 [12344384] [21-16506, 21-16695] (Perry, Mark) [Entered: 01/19/2022 10:11 AM] |
| Filing 32 Filed clerk order (Deputy Clerk: AC): The State of Californias unopposed motion for an extension of time to file an amicus brief (Docket Entry No. [ # 30 ]) is granted. Any amicus filing by the State of California is due within 7 days after the second brief on cross-appeal if California supports neither party or Apple, Inc., and within 7 days after the third brief on cross-appeal if California supports Epic Games, Inc. See Fed. R. App. P. 29(a)(6). The existing briefing schedule remains in effect. [12341609] [21-16506, 21-16695] (AF) [Entered: 01/14/2022 02:31 PM] |
| Filing 31 Entered appearance of Amicus Curiae - Pending State of California in 21-16506 and Amicus Curiae - Pending State of California in 21-16695. [12323734] [21-16506, 21-16695] (DJV) [Entered: 12/23/2021 06:18 AM] |
| Filing 30 Filed (ECF) State of California Motion to extend time to file amicus brief until 03/31/2022. Date of service: 12/22/2021. [12323682] [21-16506, 21-16695] (Wang, Brian) [Entered: 12/22/2021 05:29 PM] |
| Filing 29 Terminated Amici Curiae - Pending Basecamp, Coalition for App Fairness, Knitrino, Match Group, Inc. and Tile in 21-16506 and Amici Curiae - Pending Basecamp, Coalition for App Fairness, Knitrino, Match Group, Inc. and Tile in 21-16695 [12309838] [21-16506, 21-16695] (AF) [Entered: 12/08/2021 11:28 AM] |
| Filing 28 Filed order (DIARMUID F. O'SCANNLAIN, SIDNEY R. THOMAS and RICHARD C. TALLMAN): The motion of Tile, Match Group, Inc., Basecamp, Knitrino, and the Coalition for App Fairness for leave to become amici curiae and file a brief in support of Epic Games, Inc.s opposition to Apple, Inc.s motion for a stay pending appeal (Dkt. Entry No. [ # 21 ]) is denied. [12309829] [21-16506, 21-16695] (AF) [Entered: 12/08/2021 11:26 AM] |
| Filing 27 Filed order (DIARMUID F. O'SCANNLAIN, SIDNEY R. THOMAS and RICHARD C. TALLMAN): Apple, Inc. (Apple) has moved to stay, in part, the district courts September 10, 2021, permanent injunction pending appeal. Apples motion (Dkt. Entry No. [ # 19 ]) is granted. Apple has demonstrated, at minimum, that its appeal raises serious questions on the merits of the district courts determination that Epic Games, Inc. failed to show Apples conduct violated any antitrust laws but did show that the same conduct violated Californias Unfair Competition Law. See City of San Jose v. Off. of the Comr of Baseball, 776 F.3d 686, 69192 (9th Cir. 2015) ([U]nder California law [i]f the same conduct is alleged to be both an antitrust violation and an unfair business act or practice for the same reasonbecause it unreasonably restrains competition and harms consumersthe determination that the conduct is not an unreasonable restraint of trade necessarily implies that the conduct is not unfair toward consumers. (quoting Chavez v. Whirlpool Corp., 113 Cal. Rptr. 2d 175, 184 (Cal. Ct. App. 2001))). Apple has also made a sufficient showing of irreparable harm, see Disney Enters., Inc. v. VidAngel, Inc., 869 F.3d 848, 86566 (9th Cir. 2017), and that the remaining factors weigh in favor of staying part (i) of the injunction and maintaining the status quo pending appeal, see Nken v. Holder, 556 U.S. 418, 43435 (2009). Therefore, we grant Apples motion to stay part (i) of paragraph (1) of the permanent injunction. The stay will remain in effect until the mandate issues in this appeal. The existing briefing schedule remains in place. [12309816] [21-16506, 21-16695] (AF) [Entered: 12/08/2021 11:23 AM] |
| Filing 26 Filed (ECF) Amici Curiae - Pending Basecamp, Coalition for App Fairness, Knitrino, Match Group, Inc. and Tile in 21-16506, 21-16695 reply to response (). Date of service: 12/02/2021. [12304246] [21-16506, 21-16695] (St. Phillip, Peter) [Entered: 12/02/2021 03:02 PM] |
| Filing 25 COURT DELETED INCORRECT/DUPLICATE ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 26 ]. Original Text: Filed (ECF) Amici Curiae - Pending Basecamp, Coalition for App Fairness, Knitrino, Match Group, Inc. and Tile in 21-16506, 21-16695 reply to response (). Date of service: 12/02/2021. [12304085] [21-16506, 21-16695] (St. Phillip, Peter) [Entered: 12/02/2021 01:58 PM] |
| Filing 24 Filed (ECF) Appellee Apple, Inc. in 21-16506, Appellant Apple, Inc. in 21-16695 response opposing motion ([ # 21 ] Motion (ECF Filing), [ # 21 ] Motion (ECF Filing) motion to become amicus). Date of service: 11/30/2021. [12301958] [21-16506, 21-16695] (Perry, Mark) [Entered: 11/30/2021 11:37 PM] |
| Filing 23 Filed (ECF) Appellee Apple, Inc. in 21-16506, Appellant Apple, Inc. in 21-16695 reply to response (motion to stay lower court action). Date of service: 11/30/2021. [12301957] [21-16506, 21-16695] (Perry, Mark) [Entered: 11/30/2021 11:34 PM] |
| Filing 22 Entered appearance of Amici Curiae - Pending Tile, Match Group, Inc., Basecamp, Knitrino, and Coalition for App Fairness. [12301165] [21-16506, 21-16695] (LA) [Entered: 11/30/2021 11:37 AM] |
| Filing 21 Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by Tile, Match Group, Inc., Basecamp, Knitrino, and The Coalition for App Fairness. Date of service: 11/29/2021. [12299682] [21-16506, 21-16695] (St. Phillip, Peter) [Entered: 11/29/2021 12:43 PM] |
| Filing 20 Filed (ECF) Appellant Epic Games, Inc. in 21-16506, Appellee Epic Games, Inc. in 21-16695 response opposing motion ([ # 19 ] Motion (ECF Filing), [ # 19 ] Motion (ECF Filing)). Date of service: 11/26/2021. [12298870] [21-16506, 21-16695] (Bornstein, Gary) [Entered: 11/26/2021 08:04 PM] |
| Filing 19 Filed (ECF) Appellee Apple, Inc. in 21-16506, Appellant Apple, Inc. in 21-16695 Motion to stay lower court action. Date of service: 11/16/2021. [12289668] [21-16506, 21-16695] (Perry, Mark) [Entered: 11/16/2021 07:14 PM] |
| Filing 18 ENTRY UPDATED. Streamlined request [17] by Appellant Epic Games, Inc. in 21-16506, Appellee Epic Games, Inc. in 21-16695 to extend time to file the brief is approved. Amended briefing schedule: First cross appeal brief due 01/20/2022 for Epic Games, Inc.. Second brief on cross appeal due 02/22/2022 for Apple, Inc.. Third brief on cross appeal due 03/24/2022 for Epic Games, Inc.. The optional cross appeal reply brief is due 21 days from the date of service of the third brief on cross appeal. [12285433] [21-16506, 21-16695]--[Edited 11/12/2021 by DLM] (DLM) [Entered: 11/12/2021 10:14 AM] |
| Filing 17 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellant Epic Games, Inc. in 21-16506, Appellee Epic Games, Inc. in 21-16695. New requested due date is 01/20/2022. [12285075] [21-16506, 21-16695] (Forrest, Katherine) [Entered: 11/11/2021 08:55 PM] |
| Filing 16 The Mediation Questionnaire for this case was filed on 10/21/2021. To submit pertinent confidential information directly to the Circuit Mediators, please use the following # link . Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts.[12265152]. [21-16506] (AD) [Entered: 10/21/2021 06:44 PM] |
| Filing 15 Filed (ECF) Appellant Apple, Inc. in 21-16695, Appellee Apple, Inc. in 21-16506 Mediation Questionnaire. Date of service: 10/21/2021. [12264927] [21-16695, 21-16506] (Perry, Mark) [Entered: 10/21/2021 04:00 PM] |
| Filing 14 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. Setting cross-appeal briefing schedule as follows: Appellant Apple, Inc. Mediation Questionnaire due on 10/21/2021. First cross appeal brief due 12/21/2021 for Epic Games, Inc.. Second brief on cross appeal due 01/20/2022 for Apple, Inc.. Third brief on cross appeal due 02/22/2022 for Epic Games, Inc.. Optional cross appeal reply brief is due within 21 days of service of third brief on cross appeal. [12256683] [21-16695, 21-16506] (JBS) [Entered: 10/14/2021 10:00 AM] |
| Filing 13 MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions while the appeal is pending. [12250128] (BLS) [Entered: 10/06/2021 07:33 PM] |
| Filing 12 MEDIATION ORDER FILED: By 10/05/2021, counsel to email Circuit Mediator regarding settlement potential. Include Ninth Circuit case name and number in subject line. This communication will be kept confidential, if requested, and should not be filed with the court. The existing briefing schedule remains in effect. SEE ORDER FOR DETAILS. [12234443] (BLS) [Entered: 09/21/2021 10:46 AM] |
| Filing 11 The Mediation Questionnaire for this case was filed on 09/20/2021. To submit pertinent confidential information directly to the Circuit Mediators, please use the following # link . Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts.[12234058]. [21-16506] (AD) [Entered: 09/21/2021 06:44 AM] |
| Filing 10 Filed (ECF) Appellant Epic Games, Inc. Mediation Questionnaire. Date of service: 09/20/2021. [12234016] [21-16506] (Forrest, Katherine) [Entered: 09/20/2021 07:11 PM] |
| Filing 9 Added Attorney(s) Samuel Eckman for party(s) Appellee Apple, Inc., in case 21-16506. [12227974] (DJV) [Entered: 09/14/2021 01:12 PM] |
| Filing 8 Added Attorney(s) Joshua M. Wesneski, Mark Andrew Perry, Rachel Susan Brass, Julian Kleinbrodt, Theodore J. Boutrous Jr. for party(s) Appellee Apple, Inc., in case 21-16506. [12227965] (DJV) [Entered: 09/14/2021 01:09 PM] |
| Filing 7 Filed (ECF) notice of appearance of Samuel Eckman (Gibson, Dunn & Crutcher LLP 333 South Grand Avenue Los Angeles, CA 90071) for Appellee Apple, Inc.. Date of service: 09/14/2021. (Party was previously proceeding with counsel.) [12227960] [21-16506] (Eckman, Samuel) [Entered: 09/14/2021 01:08 PM] |
| Filing 6 Filed (ECF) notice of appearance of Theodore J. Boutrous Jr. (Gibson, Dunn & Crutcher LLP 333 South Grand Avenue Los Angeles, CA 90071) for Appellee Apple, Inc.. Date of service: 09/14/2021. (Party was previously proceeding with counsel.) [12227950] [21-16506] (Boutrous, Theodore) [Entered: 09/14/2021 01:04 PM] |
| Filing 5 Filed (ECF) notice of appearance of Julian Wolfe Kleinbrodt (Gibson, Dunn & Crutcher LLP 555 Mission Street, Suite 3000 San Francisco, CA 94105) for Appellee Apple, Inc.. Date of service: 09/14/2021. (Party was previously proceeding with counsel.) [12227943] [21-16506] (Kleinbrodt, Julian) [Entered: 09/14/2021 01:01 PM] |
| Filing 4 Filed (ECF) notice of appearance of Rachel S. Brass (Gibson, Dunn & Crutcher LLP 555 Mission Street, Suite 3000 San Francisco, CA 94105) for Appellee Apple, Inc.. Date of service: 09/14/2021. (Party was previously proceeding with counsel.) [12227936] [21-16506] (Brass, Rachel) [Entered: 09/14/2021 12:59 PM] |
| Filing 3 Filed (ECF) notice of appearance of Joshua M. Wesneski (Gibson, Dunn & Crutcher LLP 1050 Connecticut Ave, NW Washington, DC 20036) for Appellee Apple, Inc.. Date of service: 09/14/2021. (Party was previously proceeding with counsel.) [12227934] [21-16506] (Wesneski, Joshua) [Entered: 09/14/2021 12:56 PM] |
| Filing 2 Filed (ECF) notice of appearance of Mark A. Perry (Gibson, Dunn & Crutcher LLP 1050 Connecticut Ave, NW Washington, DC 20036) for Appellee Apple, Inc.. Date of service: 09/14/2021. (Party was previously proceeding with counsel.) [12227932] [21-16506] (Perry, Mark) [Entered: 09/14/2021 12:54 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant Epic Games, Inc. Mediation Questionnaire due on 09/20/2021. Transcript ordered by 10/12/2021. Transcript due 11/12/2021. Appellant Epic Games, Inc. opening brief due 12/21/2021. Appellee Apple, Inc. answering brief due 01/20/2022. Appellant's optional reply brief is due 21 days after service of the answering brief. [12226567] (JBS) [Entered: 09/13/2021 11:49 AM] |
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