Apple today filed its opening merits brief with the U.S. Supreme Court, challenging a contempt ruling in its long-running legal battle with Epic Games. The Supreme Court recently agreed to review the ruling.

In the original 2020 lawsuit, Apple won most claims but lost on anti-steering rules, which the court found violated California's Unfair Competition Law. The court issued a permanent injunction requiring Apple to allow links to third-party payment options. Apple complied but imposed a commission of up to 27% on purchases made through those links. Epic challenged this, and the court held Apple in contempt.

In its brief, Apple argues that civil contempt requires clear notice that the conduct was prohibited. It cites past decisions, including Terminal R.R. Ass'n of St. Louis v. United States, 266 U.S. 17, 29 (1924), and McComb v. Jacksonville Paper Co., 336 U.S. 187, 191 (1949). Apple contends that the injunction did not explicitly prohibit the commission, and that Epic itself acknowledged this.

Apple also criticizes the Ninth Circuit's standard, arguing it allows contempt for violating the "spirit" of an injunction without clear notice. Apple asks the Supreme Court to reverse the contempt ruling.