Epic Games, Inc. v. Apple, Inc.
| EPIC GAMES, INC. |
| APPLE, INC. |
| TILE, MATCH GROUP, INC., BASECAMP, KNITRINO, COALITION FOR APP FAIRNESS, STATE OF CALIFORNIA, 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, 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, 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, LAW AND BUSINESS PROFESSORS, UNFAIR COMPETITION LAW PRACTITIONERS AND SCHOLARS, STATE OF UTAH, and 34 Other States, NETCHOICE LLC and TECHFREEDOM |
| 21-16695 |
| October 14, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Antitrust |
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| Filing 239 Supreme Court Case Info Case number: 23-344 Filed on: 09/28/2023 Cert Petition Action 1: Pending [12804509] [21-16506, 21-16695] (HH) [Entered: 10/04/2023 02:22 PM] |
| Filing 238 Supreme Court Case Info Case number: 23-337 Filed on: 09/27/2023 Cert Petition Action 1: Pending [12802710] [21-16506, 21-16695] (HH) [Entered: 10/02/2023 03:21 PM] |
| Filing 237 Filed (ECF) Appellee Apple, Inc. in 21-16506, Appellant Apple, Inc. in 21-16695 status report (as required by Court order dated 07/17/2023). Date of service: 09/28/2023 [12800374] [21-16506, 21-16695] (Perry, Mark) [Entered: 09/28/2023 08:14 AM] |
| Filing 236 UPDATED Order for PUBLICATION RE: [ # 235 ] (SIDNEY R. THOMAS, MILAN D. SMITH, JR. and MICHAEL J. MCSHANE). Attached formatted slip opinion. [12759396] [21-16506, 21-16695] (AH) [Entered: 07/21/2023 10:42 AM] |
Filing 235
Filed Order for PUBLICATION (SIDNEY R. THOMAS, MILAN D. SMITH, JR. and MICHAEL J. MCSHANE) (Concurrence by Judge M. SMITH.) Apples Motion to Stay the Mandate (Dkt No. [ # 231 ]) is GRANTED. Pursuant to Rule 41(d) of the Federal Rules of Appellate Procedure, the mandate is stayed for 90 days to permit the filing of a petition for writ of certiorari in the Supreme Court. Apple must notify the Court in writing that the petition has been filed, in which case the stay will continue until the Supreme Court resolves the petition. See Fed. R. App. P. 41(d)(2)(B)(ii). Should the Supreme Court grant certiorari, the mandate will be stayed pending disposition of the case. Should the Supreme Court deny certiorari, the mandate will issue immediately. The parties shall advise this Court immediately upon the Supreme Courts decision. [12756293] [21-16506, 21-16695] (MM) [Entered: 07/17/2023 12:56 PM]
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| Filing 234 Filed (ECF) Appellant Epic Games, Inc. response to motion ([ # 231 ] Motion (ECF Filing), [ # 231 ] Motion (ECF Filing)). Date of service: 07/05/2023. [12749235] [21-16506]--[COURT UPDATE: Spread docket text to 21-16695. 07/05/2023 by SLM] (Bornstein, Gary) [Entered: 07/05/2023 03:55 PM] |
| Filing 233 Filed (ECF) Appellant Epic Games, Inc. Correspondence: Apple Inc.'s Motion to Stay the Mandate (Dkt. 247). Date of service: 07/03/2023 [12748035] [21-16506] --[COURT UPDATE: Spread to case 21-16695. 07/03/2023 by TYL] (Bornstein, Gary) [Entered: 07/03/2023 01:20 PM] |
| Filing 232 COURT DELETED INCORRECT/DUPLICATE ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 233 ]. Original Text: Filed (ECF) Appellee Epic Games, Inc. Correspondence: Apple Inc.'s Motion to Stay the Mandate (Dkt. 231). Date of service: 07/03/2023 [12748045] [21-16695] (Bornstein, Gary) [Entered: 07/03/2023 01:27 PM] |
| Filing 231 Filed (ECF) Appellee Apple, Inc. in 21-16506, Appellant Apple, Inc. in 21-16695 Motion to stay the mandate. Date of service: 07/03/2023. [12747579] [21-16506, 21-16695] (Perry, Mark) [Entered: 07/03/2023 09:05 AM] |
| Filing 230 Filed order (SIDNEY R. THOMAS, MILAN D. SMITH, JR. and MICHAEL J. MCSHANE): The panel has unanimously voted to deny the petitions for panel rehearing. Judge M. Smith has voted to deny the petitions for rehearing en banc, and Judges S.R. Thomas and McShane so recommend. The full court has been advised of the petitions for rehearing en banc and no judge of the court has requested a vote. Fed. R. App. P. 35. The petitions for panel rehearing and rehearing en banc (Dkt Nos. [ # 208 ] and [ # 209 ]) are DENIED. [12747220] [21-16506, 21-16695] (AF) [Entered: 06/30/2023 04:44 PM] |
| Filing 229 Filed clerk order: The amicus brief [ # 227 ] submitted by TechFreedom is filed. No paper copies are required at this time. [12739889] [21-16506, 21-16695] (LA) [Entered: 06/21/2023 09:46 AM] |
| Filing 228 Entered appearance of Amicus Curiae TechFreedom in 21-16506 and 21-16695. [12739882] [21-16506, 21-16695] (LA) [Entered: 06/21/2023 09:43 AM] |
| Filing 227 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by TechFreedom. Date of service: 06/20/2023. [12739636] [21-16506, 21-16695] (Sayyed, Bilal) [Entered: 06/20/2023 08:07 PM] |
| Filing 226 Filed clerk order: The amicus brief [ # 219 ] submitted by Chamber of Progress and NetChoice LLC is filed. No paper copies are required at this time. [12739598] [21-16506, 21-16695] (LA) [Entered: 06/20/2023 05:16 PM] |
| Filing 225 Filed clerk order: The amicus brief [ # 218 ] submitted by Committee to Support the Antitrust Laws is filed. No paper copies are required at this time. [12739591] [21-16506, 21-16695] (LA) [Entered: 06/20/2023 05:12 PM] |
| Filing 224 Filed clerk order: The amicus brief [ # 217 ] submitted by State of Utah and 34 other states is filed. No paper copies are required at this time. [12739579] [21-16506, 21-16695] (LA) [Entered: 06/20/2023 05:08 PM] |
| Filing 223 Filed clerk order: The amicus brief [ # 216 ] submitted by Civil Justice Association of California is filed. No paper copies are required at this time. [12739573] [21-16506, 21-16695] (LA) [Entered: 06/20/2023 05:05 PM] |
| Filing 222 Filed clerk order: The amicus brief [ # 215 ] submitted by International Center for Law & Economics is filed. No paper copies are required at this time. [12739569] [21-16506, 21-16695] (LA) [Entered: 06/20/2023 05:01 PM] |
| Filing 221 Entered appearance of Amicus Curiae NetChoice LLC in 21-16506 and 21-16695. [12739565] [21-16506, 21-16695] (LA) [Entered: 06/20/2023 04:57 PM] |
| Filing 220 Added Attorney(s) Michael E. Hamburger for party(s) Amicus Curiae International Center for Law & Economics in cases 21-16506 and 21-16695. [12739562] [21-16506, 21-16695] (LA) [Entered: 06/20/2023 04:56 PM] |
| Filing 219 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Chamber of Progress and NetChoice. Date of service: 06/20/2023. [12739469] [21-16506, 21-16695] (Hirsch, Steven) [Entered: 06/20/2023 04:18 PM] |
| Filing 218 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Committee to Support the Antitrust Laws. Date of service: 06/20/2023. [12739461] [21-16506, 21-16695] (Kozen, Geoffrey) [Entered: 06/20/2023 04:12 PM] |
| Filing 217 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by BRIEF OF UTAH AND 34 OTHER STATES AS AMICI CURIAE IN SUPPORT OF PLAINTIFF-COUNTER-DEFENDANT-APPELLANTS' PETITION FOR PANEL REHEARING AND/OR REHEARING EN BANC. Date of service: 06/20/2023. [12739406] [21-16506, 21-16695] (Holyoak, Melissa) [Entered: 06/20/2023 03:43 PM] |
| Filing 216 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: 06/20/2023. [12739388] [21-16506, 21-16695] (Hiestand, Fred) [Entered: 06/20/2023 03:34 PM] |
| Filing 215 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by International Center for Law & Economics. Date of service: 06/20/2023. [12739222] [21-16506, 21-16695] (Hamburger, Michael) [Entered: 06/20/2023 02:04 PM] |
| Filing 214 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 218 ]. Original Text: Filed (ECF) Amicus Curiae Committee to Support the Antitrust Laws in 21-16695, 21-16506 petition for panel rehearing and petition for rehearing en banc (from 04/24/2023 opinion). Date of service: 06/20/2023. [12739151] [21-16695, 21-16506]--[COURT UPDATE: Attached Opinion of the Court 06/20/2023 by NAC] (Kozen, Geoffrey) [Entered: 06/20/2023 01:28 PM] |
| Filing 213 Filed clerk order: The amicus brief [ # 212 ] submitted by Electronic Frontier Foundation is filed. No paper copies are required at this time. [12738155] [21-16506, 21-16695] (LA) [Entered: 06/16/2023 03:28 PM] |
| Filing 212 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Electronic Frontier Foundation. Date of service: 06/16/2023. [12737718] [21-16506, 21-16695] (Stoltz, Mitchell) [Entered: 06/16/2023 11:02 AM] |
| Filing 211 Filed clerk order: The amicus brief [ # 210 ] submitted by Washington Legal Foundation is filed. No paper copies are required at this time. [12737705] [21-16506, 21-16695] (LA) [Entered: 06/16/2023 10:53 AM] |
| Filing 210 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Washington Legal Foundation. Date of service: 06/16/2023. [12737428] [21-16506, 21-16695] (Masslon, John) [Entered: 06/16/2023 06:25 AM] |
| Filing 209 Filed (ECF) Appellant Epic Games, Inc. in 21-16506, Appellee Epic Games, Inc. in 21-16695 petition for panel rehearing and petition for rehearing en banc (from 04/24/2023 opinion). Date of service: 06/07/2023. [12731487] [21-16506, 21-16695]--[COURT ENTERED FILING to correct entry [12731398-2] and spread entry to case 21-16695.] (SLM) [Entered: 06/08/2023 09:04 AM] |
| Filing 208 Filed (ECF) Appellee Apple, Inc. in 21-16506, Appellant Apple, Inc. in 21-16695 petition for panel rehearing and petition for rehearing en banc (from 04/24/2023 opinion). Date of service: 06/07/2023. [12731417] [21-16506, 21-16695] (Perry, Mark) [Entered: 06/07/2023 09:14 PM] |
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Filing 207
CORRECTED OPINION RE: [ # 200 ] (SIDNEY R. THOMAS, MILAN D. SMITH, JR. and MICHAEL J. MCSHANE). Correction: corrected typo on pg 19 from |
| Filing 206 Filed clerk order (Deputy Clerk: MCD): The parties joint motion for an extension of time in which to file petitions for panel rehearing and/or rehearing en banc are granted. Any petitions for panel rehearing and/or rehearing en banc are due June 7, 2023. [12706171] [21-16506, 21-16695] (AF) [Entered: 05/01/2023 01:10 PM] |
| Filing 205 Filed (ECF) Appellee Apple, Inc. in 21-16506, Appellant Apple, Inc. in 21-16695 Joint Motion to extend time to file petition for rehearing until 06/07/2023. Date of service: 05/01/2023. [12705691] [21-16506, 21-16695] (Perry, Mark) [Entered: 05/01/2023 09:12 AM] |
| Filing 204 CORRECTED OPINION RE: [ # 200 ] (SIDNEY R. THOMAS, MILAN D. SMITH, JR. and MICHAEL J. MCSHANE). Correction: Sentence at the beginning of the first full paragraph on page 49 revised. [12704257] [21-16506, 21-16695] (AKM) [Entered: 04/27/2023 12:40 PM] |
| Filing 203 CORRECTED OPINION RE: [ # 200 ] (SIDNEY R. THOMAS, MILAN D. SMITH, JR. and MICHAEL J. MCSHANE). Correction: Formatting changes and typos corrected. [12702164] [21-16506, 21-16695] (AKM) [Entered: 04/25/2023 08:40 AM] |
| Filing 202 Filed clerk order: The amicus brief [ # 159 ] submitted by Unfair Competition Law Practitioners and Scholars is filed. No additional paper copies are required at this time. [12701869] [21-16506, 21-16695] (LA) [Entered: 04/24/2023 03:45 PM] |
| Filing 201 Filed clerk order (Deputy Clerk: AKM): At the direction of the Court, the parties shall bear their own costs. [12701217] [21-16506, 21-16695] (AKM) [Entered: 04/24/2023 10:10 AM] |
| Filing 200 FILED OPINION (SIDNEY R. THOMAS, MILAN D. SMITH, JR. and MICHAEL J. MCSHANE) For the foregoing reasons, we AFFIRM IN PART AND REVERSE AND REMAND IN PART. Opinion by Judge Milan D. Smith, Jr.; Partial Concurrence and Partial Dissent by Judge S.R. Thomas. FILED AND ENTERED JUDGMENT. [12701215] [21-16506, 21-16695] (AKM) [Entered: 04/24/2023 10:07 AM] |
| Filing 199 Filed text clerk order (Deputy Clerk: AKM): The motion to become amicus curiae, Dkt. No. [ # 159 ], is granted. [12701202] [21-16506, 21-16695] (AKM) [Entered: 04/24/2023 10:01 AM] |
| Filing 198 Added Attorney Joshua M. Wesneski for party(s) Appellee Apple, Inc., in case 21-16506 and Appellant Apple, Inc., in case 21-16695. [12655683] [21-16506, 21-16695] (NAC) [Entered: 02/17/2023 10:25 AM] |
| Filing 197 Filed (ECF) notice of appearance of Joshua M. Wesneski (Weil, Gotshal & Manges LLP 2001 M Street NW, Washington, DC 20036) for Appellee Apple, Inc. in 21-16506, Appellant Apple, Inc. in 21-16695. Date of service: 02/17/2023. (Party was previously proceeding with counsel.) [12655672] [21-16506, 21-16695] (Wesneski, Joshua) [Entered: 02/17/2023 10:21 AM] |
| Filing 196 Terminated Katherine Forrest for Epic Games, Inc. in 21-16506 and Epic Games, Inc. in 21-16695 [12636319] [21-16506, 21-16695] (NAC) [Entered: 01/23/2023 03:36 PM] |
| Filing 195 Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Katherine Forrest for Appellant Epic Games, Inc. in 21-16506, Attorney Katherine Forrest for Appellee Epic Games, Inc. in 21-16695. Party proceeding without counsel: No. Date of service: 01/23/2023. [12636227] [21-16506, 21-16695] (Forrest, Katherine) [Entered: 01/23/2023 02:43 PM] |
| Filing 194 Terminated Joshua M. Wesneski for Apple, Inc. in 21-16506 and Apple, Inc. in 21-16695 [12634430] [21-16506, 21-16695] (NAC) [Entered: 01/20/2023 07:09 AM] |
| Filing 193 Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Mr. Joshua M. Wesneski for Appellee Apple, Inc. in 21-16506, Attorney Mr. Joshua M. Wesneski for Appellant Apple, Inc. in 21-16695. Party proceeding without counsel: No. Date of service: 01/20/2023. [12634424] [21-16506, 21-16695] (Wesneski, Joshua) [Entered: 01/20/2023 06:34 AM] |
| Filing 191 Filed Audio recording of oral argument. Note: Video recordings of public argument calendars are available on the Court's website, at # http://www.ca9.uscourts.gov/media/ [12588529] [21-16506, 21-16695] (LW) [Entered: 11/16/2022 09:45 AM] |
| Filing 192 ARGUED AND SUBMITTED TO SIDNEY R. THOMAS, MILAN D. SMITH, JR. and MICHAEL J. MCSHANE. [12590423] [21-16506, 21-16695] --[Edited: Backdated entry to reflect correct filing date. 11/17/2022 by TYL] (ER) [Entered: 11/17/2022 03:04 PM] |
| Filing 190 Filed clerk order (Deputy Clerk: PA):Associated Press applied to photograph with still camera, the cases captioned above, scheduled to be heard at the James R. Browning, US Courthouse in San Francisco, CA, on Monday, November 14, 2022. Associated Press request is GRANTED subject to the condition, that still photography shoulds not occur during the actual arguments, but can be taken as the advocates approach the podium. (PANEL) [12583421] [21-16506, 21-16695] (PA) [Entered: 11/09/2022 10:03 AM] |
| Filing 189 Filed clerk order (Deputy Clerk: PA): Associated Press applied to video/audio record for later broadcast, the cases captioned above, scheduled to be heard at the James R. Browning, US Courthouse in San Francisco, CA, on Monday, November 14, 2022. Associated Press request to video/audio record for later broadcast is GRANTED.[12583386] [21-16506, 21-16695] (PA) [Entered: 11/09/2022 09:46 AM] |
| Filing 188 Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Joshua Patashnik for Amicus Curiae State of California in 21-16506, 21-16695. Hearing in San Francisco on 11/14/2022 at 2:00 P.M. (Courtroom: 1). Filer sharing argument time: No. (Argument minutes: 5) Appearance in person or by video: I wish to appear in person. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 10/19/2022. [12567467] [21-16506, 21-16695] (Patashnik, Joshua) [Entered: 10/19/2022 11:37 AM] |
| Filing 187 Filed (ECF) Acknowledgment of hearing notice by Attorney Tom Goldstein for Appellant Epic Games, Inc. in 21-16506, Attorney Tom Goldstein for Appellee Epic Games, Inc. in 21-16695. Hearing in San Francisco on 11/14/2022 at 2:00 P.M. (Courtroom: Courtroom 1). Filer sharing argument time: No. Appearance in person or by video: I wish to appear in person. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 10/19/2022. [12567433] [21-16506, 21-16695] (Goldstein, Tom) [Entered: 10/19/2022 11:27 AM] |
| Filing 186 Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Nickolai Gilford Levin for Amicus Curiae USA in 21-16506. Hearing in San Francisco on 11/14/2022 at 2:00 P.M. (Courtroom: 1). Filer sharing argument time: No. (Argument minutes: 10) Appearance in person or by video: I wish to appear in person. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 10/19/2022. [12567405] [21-16506, 21-16695] (Levin, Nickolai) [Entered: 10/19/2022 11:17 AM] |
| Filing 185 Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Mark Andrew Perry for Appellant Apple, Inc. in 21-16695. Hearing in San Francisco on 11/14/2022 at 2:00 P.M. (Courtroom: Courtroom 1). Filer sharing argument time: No. (Argument minutes: 30) Appearance in person or by video: I wish to appear in person. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 10/19/2022. [12567383] [21-16506, 21-16695] (Perry, Mark) [Entered: 10/19/2022 11:07 AM] |
| Filing 184 Notice of Oral Argument on Monday, November 14, 2022 - 2:00 P.M. - Courtroom 1 - Scheduled Location: San Francisco CA. The hearing time is the local time zone at the scheduled hearing location. View the Oral Argument Calendar for your case # here . NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, you may have the option to appear in person at the Courthouse or remotely by video. Anyone appearing in person must review and comply with our Protocols for In Person Hearings, available # here . At this time, an election to appear remotely by video will not require a motion. The court expects and supports the fact that some attorneys and some judges will continue to appear remotely. If the panel determines that it will hold oral argument in your case, the Clerk's Office will contact you directly at least two weeks before the set argument date to review any requirements for in person appearance or to make any necessary arrangements for remote appearance. Please note however that if you do elect to appear remotely, the court strongly prefers video over telephone appearance. Therefore, if you wish to appear remotely by telephone you will need to file a motion requesting permission to do so. Be sure to review the # GUIDELINES for important information about your hearing, including when to be available (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible). If you are the specific attorney or self-represented party who will be arguing, use the # ACKNOWLEDGMENT OF HEARING NOTICE filing type in CM/ECF no later than 28 days before Monday, November 14, 2022. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12567056]. [21-16506, 21-16695] (KS) [Entered: 10/19/2022 08:38 AM] |
| Filing 183 Case came on for submission before SIDNEY R. THOMAS, MILAN D. SMITH, JR. and MICHAEL J. MCSHANE SUBMISSION DEFERRED. [12564275] [21-16506, 21-16695] (SVG) [Entered: 10/15/2022 11:05 AM] |
| Filing 182 Filed clerk order (Deputy Clerk: SVG): Due to the unforeseen availability of one of the panel members, the hearing in these appeals scheduled for October 21, 2022 in San Francisco is postponed. The Clerk will reach out to the parties to reschedule. [12564274] [21-16506, 21-16695] (SVG) [Entered: 10/15/2022 11:01 AM] |
| Filing 181 Notice of Oral Argument on Friday, October 21, 2022 - 09:00 A.M. - Courtroom 1 - Scheduled Location: San Francisco CA. The hearing time is the local time zone at the scheduled hearing location. View the Oral Argument Calendar for your case # here . NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, you may have the option to appear in person at the Courthouse or remotely by video. Anyone appearing in person must review and comply with our Protocols for In Person Hearings, available # here . At this time, an election to appear remotely by video will not require a motion. The court expects and supports the fact that some attorneys and some judges will continue to appear remotely. If the panel determines that it will hold oral argument in your case, the Clerk's Office will contact you directly at least two weeks before the set argument date to review any requirements for in person appearance or to make any necessary arrangements for remote appearance. Please note however that if you do elect to appear remotely, the court strongly prefers video over telephone appearance. Therefore, if you wish to appear remotely by telephone you will need to file a motion requesting permission to do so. Be sure to review the # GUIDELINES for important information about your hearing, including when to be available (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible). If you are the specific attorney or self-represented party who will be arguing, use the # ACKNOWLEDGMENT OF HEARING NOTICE filing type in CM/ECF no later than 28 days before Friday, October 21, 2022. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12555973]. [21-16506, 21-16695] (KS) [Entered: 10/04/2022 03:38 PM] |
| Filing 180 Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Joshua Patashnik for Amicus Curiae State of California in 21-16506, 21-16695. Hearing in San Francisco on 10/21/2022 at 09:00 A.M. (Courtroom: Courtroom 3). Filer sharing argument time: No. (Argument minutes: 5) Appearance in person or by video: I wish to appear in person. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 09/20/2022. [12544412] [21-16506, 21-16695] (Patashnik, Joshua) [Entered: 09/20/2022 11:20 AM] |
| Filing 179 Added Attorney(s) Joshua Patashnik for party(s) Amicus Curiae State of California, in case 21-16506 Attorney(s) Joshua Patashnik for party(s) Amicus Curiae State of California, in case 21-16695. [12544404] [21-16506, 21-16695] (DJV) [Entered: 09/20/2022 11:15 AM] |
| Filing 178 Filed (ECF) notice of appearance of Joshua Patashnik (California Department of Justice, 600 West Broadway, Suite 1800, San Diego, CA 92101) for Amicus Curiae State of California in 21-16506, 21-16695. Date of service: 09/20/2022. (Party was previously proceeding with counsel.) [12544396] [21-16506, 21-16695] (Patashnik, Joshua) [Entered: 09/20/2022 11:12 AM] |
| Filing 177 Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Nickolai Gilford Levin for Amicus Curiae USA in 21-16506, 21-16695. Hearing in San Francisco on 10/21/2022 at 09:00 A.M. (Courtroom: 3). Filer sharing argument time: No. (Argument minutes: 10) Appearance in person or by video: I wish to appear in person. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 09/20/2022. [12544222] [21-16506, 21-16695] (Levin, Nickolai) [Entered: 09/20/2022 09:32 AM] |
| Filing 176 Filed (ECF) Acknowledgment of hearing notice by Attorney Tom Goldstein for Appellant Epic Games, Inc. in 21-16506, Attorney Tom Goldstein for Appellee Epic Games, Inc. in 21-16695. Hearing in San Francisco on 10/21/2022 at 09:00 A.M. (Courtroom: Courtroom 3, 3rd Floor Rm 307). Filer sharing argument time: No. Appearance in person or by video: I wish to appear in person. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 09/20/2022. [12544196] [21-16506, 21-16695] (Goldstein, Tom) [Entered: 09/20/2022 09:18 AM] |
| Filing 175 Filed clerk order (Deputy Clerk: AF): The unopposed motion of the United States to participate in oral argument in support of neither party is GRANTED. The United States shall have ten minutes of argument time in addition to and independent of the parties argument time. Apple is allocated an additional ten minutes of argument time, independent of the time already granted to Apple. The motion of the State of California to participate in oral argument in support of neither party is GRANTED. The State of California shall have five minutes of argument time in addition to and independent of the parties argument time. [12542435] [21-16506, 21-16695] (AF) [Entered: 09/16/2022 02:31 PM] |
| Filing 174 Filed (ECF) Amicus Curiae State of California in 21-16506, 21-16695 Motion for miscellaneous relief [Leave to Participate in Oral Argument]. Date of service: 09/16/2022. [12542174] [21-16506, 21-16695] (Wang, Brian) [Entered: 09/16/2022 11:46 AM] |
| Filing 173 Filed (ECF) Amicus Curiae USA in 21-16506, 21-16695 Motion for miscellaneous relief [Leave to Participate in Oral Argument]. Date of service: 09/16/2022. [12542163] [21-16506, 21-16695] (Levin, Nickolai) [Entered: 09/16/2022 11:38 AM] |
| Filing 172 Filed (ECF) Acknowledgment of hearing notice 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. Hearing in San Francisco on 10/21/2022 at 09:00 A.M. (Courtroom: Courtroom 3). Filer sharing argument time: No. Appearance in person or by video: I wish to appear in person. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 08/08/2022. [12511887] [21-16506, 21-16695] (Perry, Mark) [Entered: 08/08/2022 12:13 PM] |
| Filing 171 Notice of Oral Argument on Friday, October 21, 2022 - 09:00 A.M. - Courtroom 3 - Scheduled Location: San Francisco CA. The hearing time is the local time zone at the scheduled hearing location. View the Oral Argument Calendar for your case # here . NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, you may have the option to appear in person at the Courthouse or remotely by video. Check # here for updates on the status of reopening as the hearing date approaches. At this time, even when in person hearings resume, an election to appear remotely by video will not require a motion, and any attorney wishing to appear in person must provide proof of vaccination . The court expects and supports the fact that some attorneys and some judges will continue to appear remotely. If the panel determines that it will hold oral argument in your case, the Clerk's Office will contact you directly at least two weeks before the set argument date to review any requirements for in person appearance or to make any necessary arrangements for remote appearance. Please note however that if you do elect to appear remotely, the court strongly prefers video over telephone appearance. Therefore, if you wish to appear remotely by telephone you will need to file a motion requesting permission to do so. Be sure to review the # GUIDELINES for important information about your hearing, including when to be available (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible). If you are the specific attorney or self-represented party who will be arguing, use the # ACKNOWLEDGMENT OF HEARING NOTICE filing type in CM/ECF no later than 28 days before Friday, October 21, 2022. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12511196]. [21-16506, 21-16695] (KS) [Entered: 08/07/2022 06:12 AM] |
| Filing 170 Received 6 paper copies of Cross-Appeal Reply Brief [ # 168 ] filed by Apple, Inc. [12498616] [21-16506, 21-16695] (SD) [Entered: 07/20/2022 03:35 PM] |
| Filing 169 Filed clerk order: The cross-appeal reply brief [ # 168 ] 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: gray. The paper copies shall be submitted to the principal office of the Clerk. [12495006] [21-16506, 21-16695] (LA) [Entered: 07/15/2022 02:14 PM] |
| Filing 168 Submitted (ECF) Cross-Appeal Reply Brief for review. Submitted by Appellee Apple, Inc. in 21-16506, Appellant Apple, Inc. in 21-16695. Date of service: 07/15/2022. [12494512] [21-16506, 21-16695] (Perry, Mark) [Entered: 07/15/2022 09:00 AM] |
| Filing 167 Filed (ECF) Appellee Epic Games, Inc. in 21-16695, Appellant Epic Games, Inc. in 21-16506 Correspondence: Objection to Apple Inc.'s Response to Notice of Case Being Considered for Oral Argument. Date of service: 06/29/2022 [12483493] [21-16695, 21-16506] (Forrest, Katherine) [Entered: 06/29/2022 04:56 PM] |
| Filing 166 Filed (ECF) Appellant Epic Games, Inc. in 21-16506, Appellee Epic Games, Inc. in 21-16695 Correspondence: Objection to Apple Inc.'s Response to Notice of Case Being Considered for Oral Argument. Date of service: 06/29/2022 [12483482] [21-16506, 21-16695] (Forrest, Katherine) [Entered: 06/29/2022 04:52 PM] |
| Filing 165 This case is being considered for an upcoming oral argument calendar in San Francisco Please review the San Francisco sitting dates for October 2022 and the 2 subsequent sitting months in that location at # http://www.ca9.uscourts.gov/court_sessions . If you have an unavoidable conflict on any of the dates, please file # Form 32 within 3 business days of this notice using the CM/ECF filing type Response to Case Being Considered for Oral Argument . Please follow the form's # instructions carefully. When setting your argument date, the court will try to work around unavoidable conflicts; the court is not able to accommodate mere scheduling preferences. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date. If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a letter within 3 business days of this notice , using CM/ECF ( Type of Document : Correspondence to Court; Subject : request for mediation).[12478548]. [21-16506, 21-16695] (KS) [Entered: 06/23/2022 02:11 PM] |
| Filing 164 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 163 Received 6 paper copies of Amicus Brief [ # 159 ] filed by Unfair Competition Law Practitioners and Scholars. [12464446] [21-16506, 21-16695] (SD) [Entered: 06/06/2022 02:27 PM] |
| Filing 162 Filed clerk order (Deputy Clerk: GS): Motion [ # 159 ] and opposition [ # 161 ] (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 161 Filed (ECF) Appellee Apple, Inc. in 21-16506, Appellant Apple, Inc. in 21-16695 response opposing motion ([ # 159 ] Motion (ECF Filing), [ # 159 ] 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 160 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 159 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 158 Received 3 paper copies of further excerpts of record [ # 150 ] in 1 volume(s) filed by Appellant Epic Games, Inc. [12460123] [21-16506, 21-16695] (SD) [Entered: 05/31/2022 03:22 PM] |
| Filing 157 Received 6 paper copies of Third Brief on Cross-Appeal [ # 149 ] filed by Epic Games, Inc.. [12460114] [21-16506, 21-16695] (SD) [Entered: 05/31/2022 03:19 PM] |
| Filing 156 Streamlined request [155] 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 155 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 154 Filed clerk order: The third brief on cross-appeal [ # 149 ] 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 [ # 150 ] 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 153 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. [ # 148 ]) is granted. See 9th Cir. R. 32-2(a). The Clerk will file the brief submitted at Docket Entry No. [ # 149 ]. [12457737] [21-16506, 21-16695] (AF) [Entered: 05/26/2022 03:53 PM] |
| Filing 152 Streamlined request [151] 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 151 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 150 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 149 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 148 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 147 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 146 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 145 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 144 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 143 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 142 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 141 Received 6 paper copies of Amicus Brief [ # 109 ] filed by Center for Cybersecurity Policy and Law. [12414379] [21-16506, 21-16695] (SD) [Entered: 04/06/2022 04:08 PM] |
| Filing 140 Received 6 paper copies of Amicus Brief [ # 107 ] filed by IT&IF. [12414371] [21-16506, 21-16695] (SD) [Entered: 04/06/2022 03:58 PM] |
| Filing 139 Received 6 paper copies of Amicus Brief [ # 108 ] filed by Law Professors. [12414357] [21-16506, 21-16695] (SD) [Entered: 04/06/2022 03:53 PM] |
| Filing 138 Received 6 paper copies of Amicus Brief [ # 12410335-2 ] filed by Former Federal Antitrust Enforcers, et al.. [12413704] [21-16506, 21-16695] (SD) [Entered: 04/06/2022 09:42 AM] |
| Filing 137 Received 6 paper copies of Amicus Brief [ # 105 ] filed by State of California. [12413699] [21-16506, 21-16695] (SD) [Entered: 04/06/2022 09:38 AM] |
| Filing 136 Received 6 paper copies of Amicus Brief [ # 106 ] filed by Law and Economics Scholars. [12413680] [21-16506, 21-16695] (SD) [Entered: 04/06/2022 09:30 AM] |
| Filing 135 Received 6 paper copies of Amicus Brief [ # 112 ] filed by Law and Business Professors. [12413674] [21-16506, 21-16695] (SD) [Entered: 04/06/2022 09:25 AM] |
| Filing 134 Received 6 paper copies of Amicus Brief [ # 86 ] filed by Americans for Prosperity Foundation. [12413672] [21-16506, 21-16695] (SD) [Entered: 04/06/2022 09:20 AM] |
| Filing 133 Received 6 paper copies of Amicus Brief [ # 90 ] filed by WLF. [12413671] [21-16506, 21-16695] (SD) [Entered: 04/06/2022 09:18 AM] |
| Filing 132 Received 6 paper copies of Amicus Brief [ # 89 ] filed by Civil Justice Association of California. [12413666] [21-16506, 21-16695] (SD) [Entered: 04/06/2022 09:13 AM] |
| Filing 131 Received 6 paper copies of Amicus Brief [ # 110 ] filed by Roblox Corporation. [12413660] [21-16506, 21-16695] (SD) [Entered: 04/06/2022 09:10 AM] |
| Filing 130 Received 6 paper copies of Amicus Brief [ # 98 ] 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 129 Received 6 paper copies of Amicus Brief [ # 92 ] filed by Chamber of Progress. [12412369] [21-16506, 21-16695] (SD) [Entered: 04/04/2022 04:22 PM] |
| Filing 128 Received 6 paper copies of Amicus Brief [ # 87 ] filed by ACT | The App Association. [12412362] [21-16506, 21-16695] (SD) [Entered: 04/04/2022 04:20 PM] |
| Filing 127 Received 6 paper copies of Amicus Brief [ # 91 ] filed by CCIA. [12412359] [21-16506, 21-16695] (SD) [Entered: 04/04/2022 04:17 PM] |
| Filing 126 Received 6 paper copies of Amicus Brief [ # 88 ] filed by Former National Security Officials and Scholars. [12412354] [21-16506, 21-16695] (SD) [Entered: 04/04/2022 04:14 PM] |
| Filing 125 Filed clerk order: The amicus brief [ # 110 ] 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 124 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 123 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 122 Received 6 paper copies of Second Brief on Cross-Appeal [ # 80 ] filed by Apple, Inc.. [12411029] [21-16506, 21-16695] (SD) [Entered: 04/01/2022 03:55 PM] |
| Filing 121 Filed clerk order: The amicus brief [ # 112 ] 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 120 Filed clerk order: The amicus brief [ # 12410335-2 ] 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 119 Filed clerk order: The amicus brief [ # 107 ] 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 118 Filed clerk order: The amicus brief [ # 108 ] 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 117 Filed clerk order: The amicus brief [ # 109 ] 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 116 Filed clerk order: The amicus brief [ # 106 ] 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 115 Filed clerk order: The amicus brief [ # 105 ] 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 114 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 113 Received 3 paper copies of supplemental excerpts of record [ # 81 ] 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 112 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 111 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 112 ]. 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 110 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 109 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 108 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 107 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 106 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 105 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 104 Filed clerk order: The amicus brief [ # 98 ] 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 103 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 102 Filed clerk order: The amicus brief [ # 92 ] 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 101 Filed clerk order: The amicus brief [ # 91 ] 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 100 Filed clerk order: The amicus brief [ # 90 ] 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 99 Filed clerk order: The amicus brief [ # 89 ] 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 98 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 97 Filed clerk order: The amicus brief [ # 88 ] 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 96 Filed clerk order: The amicus brief [ # 87 ] 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 95 Filed clerk order: The amicus brief [ # 86 ] 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 94 Entered appearance of Amicus Curiae Chamber of Progress. [12409906] [21-16506, 21-16695] (KWG) [Entered: 03/31/2022 01:53 PM] |
| Filing 93 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 92 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 91 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 90 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 89 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 88 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 87 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 86 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 85 Filed clerk order: The second brief on cross-appeal [ # 80 ] 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 [ # 81 ] 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 84 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. [ # 79 ]) 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. [ # 80 ] and [ # 81 ]. 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 83 ENTRY UPDATED. Streamlined request [82] 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 82 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 81 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 80 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 79 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 78 Received 6 paper copies of Amicus Brief [ # 38 ] filed by Consumer Federation of America and Developers. [12365496] [21-16506, 21-16695] (SD) [Entered: 02/09/2022 02:55 PM] |
| Filing 77 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 76 Received 6 paper copies of Amicus Brief [ # 37 ] filed by Public Citizen. [12360949] [21-16506, 21-16695] (SD) [Entered: 02/04/2022 11:37 AM] |
| Filing 75 Received 6 paper copies of Amicus Brief [ # 36 ] filed by Committee to Support the Antitrust Laws. [12360939] [21-16506, 21-16695] (SD) [Entered: 02/04/2022 11:31 AM] |
| Filing 74 Received 6 paper copies of Amicus Brief [ # 39 ] filed by 14 LAW, ECONOMICS, AND BUSINESS PROFESSORS. [12360515] [21-16506, 21-16695] (SD) [Entered: 02/03/2022 04:43 PM] |
| Filing 73 Received 6 paper copies of Amicus Brief [ # 41 ] filed by Microsoft Corporation. [12358890] [21-16506, 21-16695] (NAR) [Entered: 02/02/2022 01:52 PM] |
| Filing 72 Received 6 paper copies of Amicus Brief [ # 44 ] filed by American Antitrust Institute. [12358670] [21-16506, 21-16695] (SD) [Entered: 02/02/2022 11:58 AM] |
| Filing 71 Received 6 paper copies of Amicus Brief [ # 40 ] filed by Electronic Frontier Foundation. [12357971] [21-16506, 21-16695] (SD) [Entered: 02/01/2022 04:25 PM] |
| Filing 70 Received 6 paper copies of Amicus Brief [ # 43 ] filed by USA. [12357951] [21-16506, 21-16695] (SD) [Entered: 02/01/2022 04:18 PM] |
| Filing 69 Received 6 paper copies of Amicus Brief [ # 42 ] filed by Utah and 34 Other States. [12357912] [21-16506, 21-16695] (SD) [Entered: 02/01/2022 04:06 PM] |
| Filing 68 Received 6 paper copies of Amicus Brief [ # 35 ] filed by 38 LAW, ECONOMICS, AND BUSINESS PROFESSORS. [12357088] [21-16506, 21-16695] (SD) [Entered: 02/01/2022 10:08 AM] |
| Filing 67 Filed clerk order: The amicus brief [ # 41 ] 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 66 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 65 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 64 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 63 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 62 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 61 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 60 Notice of Appearance (ECF Filing) , Notice of Appearance (ECF Filing) , Notice of Appearance (ECF Filing) [58], [57], [56] 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 59 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 58 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 57 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 56 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 55 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 54 Filed clerk order: The amicus brief [ # 44 ] 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 53 Filed clerk order: The amicus brief [ # 43 ] 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 52 Filed clerk order: The amicus brief [ # 42 ] 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 51 Filed clerk order: The amicus brief [ # 40 ] 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 50 Filed clerk order: The amicus brief [ # 39 ] 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 49 Filed clerk order: The amicus brief [ # 38 ] 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 48 Filed clerk order: The amicus brief [ # 37 ] 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 47 Filed clerk order: The amicus brief [ # 36 ] 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 46 Filed clerk order: The amicus brief [ # 35 ] 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 45 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 44 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 43 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 42 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 41 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 40 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 39 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 38 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 37 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 36 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 35 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 34 Received 6 paper copies of First Brief on Cross-Appeal [ # 28 ] filed by Epic Games, Inc. [12352595] [21-16506, 21-16695] (SD) [Entered: 01/26/2022 04:09 PM] |
| Filing 33 Received 3 paper copies of excerpts of record [ # 29 ] 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 32 Streamlined request [30] 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 31 Filed clerk order: The first brief on cross-appeal [ # 28 ] 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 [ # 29 ] 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 30 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 29 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 28 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 27 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 26 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 25 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 24 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 23 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 22 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 21 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 20 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 19 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. [ # 17 ]) 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 18 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 17 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 16 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 15 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. [ # 8 ]) is denied. [12309829] [21-16506, 21-16695] (AF) [Entered: 12/08/2021 11:26 AM] |
| Filing 14 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. [ # 6 ]) 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 13 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 12 COURT DELETED INCORRECT/DUPLICATE ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 13 ]. 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 11 Filed (ECF) Appellee Apple, Inc. in 21-16506, Appellant Apple, Inc. in 21-16695 response opposing motion ([ # 8 ] Motion (ECF Filing), [ # 8 ] 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 10 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 9 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 8 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 7 Filed (ECF) Appellant Epic Games, Inc. in 21-16506, Appellee Epic Games, Inc. in 21-16695 response opposing motion ([ # 6 ] Motion (ECF Filing), [ # 6 ] Motion (ECF Filing)). Date of service: 11/26/2021. [12298870] [21-16506, 21-16695] (Bornstein, Gary) [Entered: 11/26/2021 08:04 PM] |
| Filing 6 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 5 ENTRY UPDATED. Streamlined request [4] 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 4 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 3 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.[12265151]. [21-16695] (AD) [Entered: 10/21/2021 06:44 PM] |
| Filing 2 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 1 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] |
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