While Epic Games has until November 13 to file its response, the court this week received a number of amicus briefs (filings from outside interested parties) from the
U.S. Department of Justice, through the Solicitor General’s office, along with several legal and business groups weighing in on Apple’s challenge.
In its amicus brief, the Department of Justice argues that “[c]ivil contempt is […] appropriate only if the defendant’s conduct is clearly covered by the injunction’s express terms,” which it says was not the case with Apple’s decision to charge a 27% commission.
It goes on to echo Apple’s argument that civil contempt is improper whenever there is a “fair ground of doubt” as to whether an injunction actually prohibited the conduct at issue, concluding that the Supreme Court “should reverse the contempt finding as to the 27% commission.”