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Apple filed a final filing Friday in its ongoing legal battle with Epic Games, arguing that an injunction targeting anti-steering in the App Store should be thrown out.
In a brief appeal filed with the Ninth Circuit Court of Appeals, Apple sets out its argument as to why the anti-driving order was “legally inappropriate.” More specifically, the iPhone creator states that the court gave an “unprecedented result” despite the fact that Epic has not proved any damage.
“Epic has not proven any direct or indirect damage,” the letter reads. “Epic has not at any point presented evidence of actual harm in court. The UCL verdict should be reversed for that reason alone.”
Apple outlines some main arguments, including the fact that Epic Games has failed to prove its legal requirement of “standing.” That’s because Epic Games no longer exists iOS developer and cannot be injured by a guideline that applies only to that category.
In addition, Apple says there was insufficient evidence to prove that the anti-steering provision actually harmed market competition.
The Cupertino tech giant also says the ban wrongly applies to all iOS developers. Because Epic has opted out of a class action by filing its own lawsuit against Apple, the company says it is the only claimant to whom the ban could apply.
“All of this comes full circle: Epic was unable to prove at trial – and cannot find evidence on appeal – that the anti-steering provisions had any negative effect on Epic,” the briefing reads.