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Apple's fight over commissions for linked-out App Store purchases continues in federal court
OAKLAND, Calif. (CN) — A federal judge will continue to assess Apple's commission for linked-out app purchases after she denied the tech giant's motion Tuesday to stop proceedings while the U.S. Supreme Court reviews the landmark case.
U.S. District Judge Yvonne Gonzalez Rogers was emphatic at a motion to stay hearing, saying the Ninth Circuit's decision, upholding her injunction and finding Apple in civil contempt, was another piece of the drawn-out Epic Games v. Apple case that is now back in her courtroom on remand. She denied Apple its motion.
The Supreme Court agreed to review the contempt finding on June 30, while Rogers must now hash out with the parties' attorneys what a final commission figure will be for Apple to impose on linked-out purchases to external storefronts that begin in its App Store.
"The court is to determine an appropriate commission, that is a factual issue," the Barack Obama appointee said. "There are evidentiary issues to be addressed; none of that will be discussed at the Supreme Court."
On Tuesday, Apple attorney James Rouhandeh said the lower court had two potential paths to choose from, one of which was to modify the injunction.
Rogers was wary of Apple's tactics and "prior conduct" to continue the fight. "I am not persuaded by your arguments," she said. "We are going to move on. We are coming up on five years, and Apple has acted in many ways to delay, delay, delay."
Rogers said that previous evidence, including testimony from Apple's own executives, showed nothing should be charged for commissions on linked-out purchases. "That was recommended to Mr. Cook," said Rogers, referencing Apple's CEO Tim Cook. "He refused to accept that; now we have to figure out what that is, based on the actual records."
By Carly Nairn. August 11, 2026.