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Last week, I noted that the Supreme Court represents Google’s final opportunity to avert a significant challenge from Epic in October. It seems Google concurs. Today, Google took a decisive step by appealing its Epic v. Google case, which could potentially disrupt its dominance over the Android app ecosystem, to the Supreme Court. Google has confirmed its intention to seek the Supreme Court’s intervention and, in the interim, is requesting it to temporarily halt the permanent injunction that threatens to diminish its control.
On September 12th, the Ninth Circuit Court of Appeals upheld this permanent injunction and granted Google a deadline until October to cease compelling app developers to use Google Play Billing for transactions. Developers are to be allowed to offer alternative payment methods, link to other app download sources, and set their own prices.
The Supreme Court’s perspective might differ, however. It could side with Google, arguing that the lower courts exceeded their jurisdiction, or that the ruling in Epic v. Apple should influence the outcome of the Google case. These and various other arguments are detailed in the complete document linked below.
Google plans to make a full appeal for certiorari to the Supreme Court by October 27th, 2025, and is requesting that the Court decide whether to delay the injunction by October 17th. Concurrently, Judge James Donato, the district court judge responsible for the injunction, has asked Google and Epic to report on how they will adhere to the ruling during a court session on October 30th.
