Google requests that the App Store

 

Google claimed that the trial judge made legal mistakes that unjustly favored the plaintiff, "Fortnite" creator Epic Games, in its first thorough argument before the 9th U.S. Circuit Court of Appeals in San Francisco.




On Wednesday, November 27, 2024, Alphabet's Google requested that a U.S. appeals court overturn a jury verdict and a judge's order requiring it to redesign its Play app store.

Google claimed that the trial judge made legal mistakes that unjustly favored the plaintiff, "Fortnite" creator Epic Games, in its first thorough argument before the 9th U.S. Circuit Court of Appeals in San Francisco.

In its court filing, Google claimed that requiring a "dramatic redesign" of Google Play and its mobile device operating system, Android, would harm both app developers and users.

In its 2020 lawsuit, Epic accused Google of controlling the way users can access Android apps and pay for in-app purchases. Last year, the company from Cary, North Carolina, convinced a jury in San Francisco that Google had unlawfully suppressed competition.

In October, U.S. District Judge James Donato issued an order based on the jury's verdict, directing Google to allow users to download rival app stores within Play and allow those competitors to access Play's app catalog, among other changes.





The order is pending review by the 9th Circuit and would bind Google for three years.

Google informed the appeals court on Wednesday that Epic's case, which aimed to stop Google's actions rather than seek damages, should never have been tried by a jury. It claimed that Donato unjustly permitted Epic to inform jurors that Apple and Google are not rivals for in-app purchases and app distribution.

The filing said Donato was wrong to issue an injunction affecting users and developers nationwide, not just Epic. Google said the order made Donato "a central planner responsible for product design."

The 9th Circuit said it will hear oral arguments on Feb. 3, with a ruling expected later next year.


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