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    Epic v. Apple - Apple's Appeal

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    Mikey Campbell
    Apple filed a notice of appeal in the ongoing litigation between Apple and Epic Games regarding Apple's App Store policies. Apple is appealing the final judgment and permanent injunction entered on September 10, 2021, as well as all prior rulings and orders leading up to the judgment. Epic Games had previously filed its own notice of appeal in the same case.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    Epic v. Apple - Apple's Appeal

    Uploaded by

    Mikey Campbell
    333 views14 pages
    Apple filed a notice of appeal in the ongoing litigation between Apple and Epic Games regarding Apple's App Store policies. Apple is appealing the final judgment and permanent injunction entered on September 10, 2021, as well as all prior rulings and orders leading up to the judgment. Epic Games had previously filed its own notice of appeal in the same case.

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    Epic v. Apple - Apple's Appeal

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    Apple filed a notice of appeal in the ongoing litigation between Apple and Epic Games regarding Apple's App Store policies. Apple is appealing the final judgment and permanent injunction entered on September 10, 2021, as well as all prior rulings and orders leading up to the judgment. Epic Games had previously filed its own notice of appeal in the same case.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    333 views14 pages

    Epic v. Apple - Apple's Appeal

    Uploaded by

    Mikey Campbell
    Apple filed a notice of appeal in the ongoing litigation between Apple and Epic Games regarding Apple's App Store policies. Apple is appealing the final judgment and permanent injunction entered on September 10, 2021, as well as all prior rulings and orders leading up to the judgment. Epic Games had previously filed its own notice of appeal in the same case.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 14

    Case 4:20-cv-05640-YGR Document 820 Filed 10/08/21 Page 1 of 14

    1 THEODORE J. BOUTROUS JR., SBN 132099 MARK A. PERRY, SBN 212532


    [email protected] [email protected]
    2 RICHARD J. DOREN, SBN 124666 CYNTHIA E. RICHMAN (D.C. Bar No.
    [email protected] 492089; pro hac vice)
    3 DANIEL G. SWANSON, SBN 116556 [email protected]
    [email protected] GIBSON, DUNN & CRUTCHER LLP
    4 JAY P. SRINIVASAN, SBN 181471 1050 Connecticut Avenue, N.W.
    [email protected] Washington, DC 20036
    5 GIBSON, DUNN & CRUTCHER LLP Telephone: 202.955.8500
    333 South Grand Avenue Facsimile: 202.467.0539
    6 Los Angeles, CA 90071
    Telephone: 213.229.7000 ETHAN DETTMER, SBN 196046
    7 Facsimile: 213.229.7520 [email protected]
    ELI M. LAZARUS, SBN 284082
    8 VERONICA S. MOYÉ (Texas Bar No. [email protected]
    24000092; pro hac vice) GIBSON, DUNN & CRUTCHER LLP
    9 [email protected] 555 Mission Street
    GIBSON, DUNN & CRUTCHER LLP San Francisco, CA 94105
    10 2100 McKinney Avenue, Suite 1100 Telephone: 415.393.8200
    Dallas, TX 75201 Facsimile: 415.393.8306
    11 Telephone: 214.698.3100
    Facsimile: 214.571.2900 Attorneys for Defendant APPLE INC.
    12

    13

    14

    15
    UNITED STATES DISTRICT COURT
    16
    FOR THE NORTHERN DISTRICT OF CALIFORNIA
    17
    OAKLAND DIVISION
    18

    19 EPIC GAMES, INC., Case No. 4:20-cv-05640-YGR-TSH

    20 Plaintiff, Counter- NOTICE OF APPEAL


    defendant
    21
    v.
    22
    APPLE INC.,
    23
    Defendant,
    24 Counterclaimant.

    25

    26

    27

    28

    Gibson, Dunn &


    Crutcher LLP

    NOTICE OF APPEAL, 4:20-cv-05640-YGR


    Case 4:20-cv-05640-YGR Document 820 Filed 10/08/21 Page 2 of 14

    1 NOTICE OF APPEAL
    2 Notice is hereby given that Defendant Apple Inc. appeals to the United States Court of Appeals

    3 for the Ninth Circuit from the final judgment and order of permanent injunction entered on September

    4 10, 2021 (Dkts. 813 & 816), as well as all rulings, orders, findings, and conclusions leading up to that

    5 judgment and order, including but not limited to those set forth in the Rule 52 Order After Trial on the

    6 Merits (Dkt. 812).

    7 Plaintiff Epic Games, Inc. previously noticed an appeal from the same final judgment, which

    8 has been docketed as No. 21-16506 in the Ninth Circuit.

    9
    DATED: October 8, 2021 By /s/ Mark A. Perry
    10 GIBSON, DUNN & CRUTCHER LLP
    11
    Mark A. Perry
    12 GIBSON, DUNN & CRUTCHER LLP
    1050 Connecticut Avenue, N.W.
    13 Washington, DC 20036
    Telephone: 202.955.8500
    14 Facsimile: 202.467.0539
    15 Attorney for Apple Inc.
    16

    17

    18

    19

    20

    21

    22

    23

    24

    25

    26

    27

    28

    Gibson, Dunn &


    Crutcher LLP 1
    APPLE INC.’S NOTICE OF APPEAL, 4:20-CV-05640-YGR
    Case 4:20-cv-05640-YGR Document 820 Filed 10/08/21 Page 3 of 14

    UNITED STATES COURT OF APPEALS


    FOR THE NINTH CIRCUIT
    Form 6. Representation Statement
    Instructions for this form: http://www.ca9.uscourts.gov/forms/form06instructions.pdf
    Appellant(s) (List each party filing the appeal, do not use “et al.” or other abbreviations.)
    Name(s) of party/parties:
    Apple Inc.

    Name(s) of counsel (if any):


    Theodore J. Boutrous, Jr.
    GIBSON, DUNN & CRUTCHER LLP

    Address: 333 S Grand Avenue Los Angeles, CA 90071


    Telephone number(s): 213-229-7804
    Email(s): [email protected]
    Is counsel registered for Electronic Filing in the 9th Circuit? Yes No

    Appellee(s) (List only the names of parties and counsel who will oppose you on appeal. List
    separately represented parties separately.)
    Name(s) of party/parties:
    Epic Games, Inc.

    Name(s) of counsel (if any):


    Gary Bornstein
    CRAVATH, SWAINE & MOORE, LLP

    Address: 825 8th Avenue New York, NY 10019


    Telephone number(s): 212-474-1000
    Email(s): [email protected]

    To list additional parties and/or counsel, use next page.


    Feedback or questions about this form? Email us at [email protected]

    Form 6 1 New 12/01/2018


    Case 4:20-cv-05640-YGR Document 820 Filed 10/08/21 Page 4 of 14

    Continued list of parties and counsel: (attach additional pages as necessary)


    Appellants
    Name(s) of party/parties:
    Apple Inc.

    Name(s) of counsel (if any):


    Rachel S. Brass
    GIBSON, DUNN & CRUTCHER LLP
    Address: 555 Mission Street Suite 3000 San Francisco, CA 94105
    Telephone number(s): 415-393-8293
    Email(s): [email protected]
    Is counsel registered for Electronic Filing in the 9th Circuit? Yes No
    Appellees
    Name(s) of party/parties:
    Epic Games, Inc.

    Name(s) of counsel (if any):


    M. Brent Byars
    CRAVATH, SWAINE & MOORE, LLP
    Address: 825 8th Avenue New York, NY 10019
    Telephone number(s): 212-474-1000
    Email(s): [email protected]
    Name(s) of party/parties:
    Epic Games, Inc.

    Name(s) of counsel (if any):


    Wes Earnhardt
    CRAVATH, SWAINE & MOORE, LLP
    Address: 825 8th Avenue New York, NY 10019
    Telephone number(s): 212-474-1000
    Email(s): [email protected]
    Feedback or questions about this form? Email us at [email protected]

    Form 6 2 New 12/01/2018


    Case 4:20-cv-05640-YGR Document 820 Filed 10/08/21 Page 5 of 14

    Continued list of parties and counsel: (attach additional pages as necessary)


    Appellants
    Name(s) of party/parties:
    Apple Inc.

    Name(s) of counsel (if any):


    Richard J. Doren GIBSON, DUNN & CRUTCHER LLP

    Address: 333 S Grand Avenue Los Angeles, CA 90071


    Telephone number(s): 213-229-7038
    Email(s): [email protected]
    Is counsel registered for Electronic Filing in the 9th Circuit? Yes No
    Appellees
    Name(s) of party/parties:
    Epic Games, Inc.

    Name(s) of counsel (if any):


    Katherine Forrest CRAVATH, SWAINE & MOORE, LLP

    Address: 825 8th Avenue New York, NY 10019


    Telephone number(s): 212-474-1000
    Email(s): [email protected]
    Name(s) of party/parties:
    Epic Games, Inc.

    Name(s) of counsel (if any):


    Paul J. Riehle FAEGRE DRINKER BIDDLE & REATH LLP

    Address: Four Embarcadero Center 27th Floor San Francisco, CA 94111


    Telephone number(s): 415-591-7521
    Email(s): [email protected]
    Feedback or questions about this form? Email us at [email protected]

    Form 6 2 New 12/01/2018


    Case 4:20-cv-05640-YGR Document 820 Filed 10/08/21 Page 6 of 14

    Continued list of parties and counsel: (attach additional pages as necessary)


    Appellants
    Name(s) of party/parties:
    Apple Inc.

    Name(s) of counsel (if any):


    Karen L. Dunn PAUL, WEISS, RIFKIND, WHARTON & GARRISON LLP

    Address: 2001 K Street NW Washington, DC 20006


    Telephone number(s): 202-223-7300
    Email(s): [email protected]
    Is counsel registered for Electronic Filing in the 9th Circuit? Yes No
    Appellees
    Name(s) of party/parties:

    Name(s) of counsel (if any):

    Address:
    Telephone number(s):
    Email(s):
    Name(s) of party/parties:

    Name(s) of counsel (if any):

    Address:
    Telephone number(s):
    Email(s):
    Feedback or questions about this form? Email us at [email protected]

    Form 6 2 New 12/01/2018


    Case 4:20-cv-05640-YGR Document 820 Filed 10/08/21 Page 7 of 14

    Continued list of parties and counsel: (attach additional pages as necessary)


    Appellants
    Name(s) of party/parties:
    Apple Inc.

    Name(s) of counsel (if any):


    Samuel Eckman GIBSON, DUNN & CRUTCHER LLP

    Address: 333 S Grand Avenue Los Angeles, CA 90071


    Telephone number(s): 484-354-8170
    Email(s): [email protected]
    Is counsel registered for Electronic Filing in the 9th Circuit? Yes No
    Appellees
    Name(s) of party/parties:

    Name(s) of counsel (if any):

    Address:
    Telephone number(s):
    Email(s):
    Name(s) of party/parties:

    Name(s) of counsel (if any):

    Address:
    Telephone number(s):
    Email(s):
    Feedback or questions about this form? Email us at [email protected]

    Form 6 2 New 12/01/2018


    Case 4:20-cv-05640-YGR Document 820 Filed 10/08/21 Page 8 of 14

    Continued list of parties and counsel: (attach additional pages as necessary)


    Appellants
    Name(s) of party/parties:
    Apple Inc.

    Name(s) of counsel (if any):


    Julian Kleinbrodt GIBSON, DUNN & CRUTCHER LLP

    Address: 555 Mission Street Suite 3000 San Francisco, CA 94105


    Telephone number(s): 415-393-8382
    Email(s): [email protected]
    Is counsel registered for Electronic Filing in the 9th Circuit? Yes No
    Appellees
    Name(s) of party/parties:

    Name(s) of counsel (if any):

    Address:
    Telephone number(s):
    Email(s):
    Name(s) of party/parties:

    Name(s) of counsel (if any):

    Address:
    Telephone number(s):
    Email(s):
    Feedback or questions about this form? Email us at [email protected]

    Form 6 2 New 12/01/2018


    Case 4:20-cv-05640-YGR Document 820 Filed 10/08/21 Page 9 of 14

    Continued list of parties and counsel: (attach additional pages as necessary)


    Appellants
    Name(s) of party/parties:
    Apple Inc.

    Name(s) of counsel (if any):


    Jason C. Lo GIBSON, DUNN & CRUTCHER LLP

    Address: 333 S Grand Avenue


    Telephone number(s): 213-229-7000
    Email(s): [email protected]
    Is counsel registered for Electronic Filing in the 9th Circuit? Yes No
    Appellees
    Name(s) of party/parties:

    Name(s) of counsel (if any):

    Address:
    Telephone number(s):
    Email(s):
    Name(s) of party/parties:

    Name(s) of counsel (if any):

    Address:
    Telephone number(s):
    Email(s):
    Feedback or questions about this form? Email us at [email protected]

    Form 6 2 New 12/01/2018


    Case 4:20-cv-05640-YGR Document 820 Filed 10/08/21 Page 10 of 14

    Continued list of parties and counsel: (attach additional pages as necessary)


    Appellants
    Name(s) of party/parties:
    Apple Inc.

    Name(s) of counsel (if any):


    Mark A. Perry GIBSON, DUNN & CRUTCHER LLP

    Address: 1050 Connecticut Avenue NW Washington, DC 20036


    Telephone number(s): 202-887-3667
    Email(s): [email protected]
    Is counsel registered for Electronic Filing in the 9th Circuit? Yes No
    Appellees
    Name(s) of party/parties:

    Name(s) of counsel (if any):

    Address:
    Telephone number(s):
    Email(s):
    Name(s) of party/parties:

    Name(s) of counsel (if any):

    Address:
    Telephone number(s):
    Email(s):
    Feedback or questions about this form? Email us at [email protected]

    Form 6 2 New 12/01/2018


    Case 4:20-cv-05640-YGR Document 820 Filed 10/08/21 Page 11 of 14

    Continued list of parties and counsel: (attach additional pages as necessary)


    Appellants
    Name(s) of party/parties:
    Apple Inc.

    Name(s) of counsel (if any):


    Cynthia Richman GIBSON, DUNN & CRUTCHER LLP

    Address: 1050 Connecticut Avenue NW Washington, DC 20036


    Telephone number(s): 202-955-8234
    Email(s): [email protected]
    Is counsel registered for Electronic Filing in the 9th Circuit? Yes No
    Appellees
    Name(s) of party/parties:

    Name(s) of counsel (if any):

    Address:
    Telephone number(s):
    Email(s):
    Name(s) of party/parties:

    Name(s) of counsel (if any):

    Address:
    Telephone number(s):
    Email(s):
    Feedback or questions about this form? Email us at [email protected]

    Form 6 2 New 12/01/2018


    Case 4:20-cv-05640-YGR Document 820 Filed 10/08/21 Page 12 of 14

    Continued list of parties and counsel: (attach additional pages as necessary)


    Appellants
    Name(s) of party/parties:
    Apple Inc.

    Name(s) of counsel (if any):


    Jagannathan Srinivasan GIBSON, DUNN & CRUTCHER LLP

    Address: 333 S Grand Avenue Los Angeles, CA 90071


    Telephone number(s): 213-229-7296
    Email(s): [email protected]
    Is counsel registered for Electronic Filing in the 9th Circuit? Yes No
    Appellees
    Name(s) of party/parties:

    Name(s) of counsel (if any):

    Address:
    Telephone number(s):
    Email(s):
    Name(s) of party/parties:

    Name(s) of counsel (if any):

    Address:
    Telephone number(s):
    Email(s):
    Feedback or questions about this form? Email us at [email protected]

    Form 6 2 New 12/01/2018


    Case 4:20-cv-05640-YGR Document 820 Filed 10/08/21 Page 13 of 14

    Continued list of parties and counsel: (attach additional pages as necessary)


    Appellants
    Name(s) of party/parties:
    Apple Inc.

    Name(s) of counsel (if any):


    Daniel G. Swanson GIBSON, DUNN & CRUTCHER LLP

    Address: 333 S Grand Avenue Los Angeles, CA 90071


    Telephone number(s): 213-229-7430
    Email(s): [email protected]
    Is counsel registered for Electronic Filing in the 9th Circuit? Yes No
    Appellees
    Name(s) of party/parties:

    Name(s) of counsel (if any):

    Address:
    Telephone number(s):
    Email(s):
    Name(s) of party/parties:

    Name(s) of counsel (if any):

    Address:
    Telephone number(s):
    Email(s):
    Feedback or questions about this form? Email us at [email protected]

    Form 6 2 New 12/01/2018


    Case 4:20-cv-05640-YGR Document 820 Filed 10/08/21 Page 14 of 14

    Continued list of parties and counsel: (attach additional pages as necessary)


    Appellants
    Name(s) of party/parties:
    Apple Inc.

    Name(s) of counsel (if any):


    Joshua M. Wesneski GIBSON, DUNN & CRUTCHER LLP

    Address: 1050 Connecticut Avenue, NW Washington, DC 20036


    Telephone number(s): 213-887-3598
    Email(s): [email protected]
    Is counsel registered for Electronic Filing in the 9th Circuit? Yes No
    Appellees
    Name(s) of party/parties:

    Name(s) of counsel (if any):

    Address:
    Telephone number(s):
    Email(s):
    Name(s) of party/parties:

    Name(s) of counsel (if any):

    Address:
    Telephone number(s):
    Email(s):
    Feedback or questions about this form? Email us at [email protected]

    Form 6 2 New 12/01/2018

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