Apple is expected to deliver its plan for how to charge App Store commissions under the single victory in the Epic lawsuit, and its last-ditch effort to avoid that has fallen through.
The Supreme Court and US District Court are dealing with the Apple vs Epic case simultaneously. The Supreme Court is set to weigh an appeal from Apple in October, while the District Court seeks to move forward with its injunctions.
On Tuesday, Apple failed to get a stay order for delivering a plan for new commission rates under the Epic ruling. It also filed a stay with the Supreme Court, which was denied on Thursday.
Basically, Apple was ordered to provide documentation for its new commission within 24 hours on Tuesday by the District Court, then on Wednesday Apple filed a stay for lower-court proceedings with the Supreme Court, which gained it a 24 hour extension.
That extension expired on Thursday, August 13 at 5 p.m. EST, which coincided with the Supreme Court's decision to deny Apple's stay. So, at the time of writing, Apple was already late in providing the necessary paperwork to the District Court.
There aren't any more avenues to take. Apple will have to continue to litigate the new commission rate and follow the orders of the District Court until the Supreme Court weighs in on the appeal in October.
It's anyone's guess how this will go. The Supreme Court is very unpredictable, and there is a chance all of this work in the lower courts is for nothing.
Regardless, Epic CEO Tim Sweeney has already declared victory.
