Apple Inc. v. Pepper

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
17-204	9th Cir.	Nov 26, 2018	May 13, 2019	5-4	Kavanaugh	OT 2018

Holding: Respondents, who purchased apps for their iPhones though Apple’s App Store, were direct purchasers from Apple under Illinois Brick Co. v. Illinois and may sue Apple for allegedly monopolizing the retail market for the sale of iPhone apps.

Judgment: Affirmed, 5-4, in an opinion by Justice Kavanaugh on May 13, 2019. Justice Gorsuch filed a dissenting opinion, in which Chief Justice Roberts and Justices Thomas and Alito joined.

SCOTUSblog Coverage

Opinion analysis: Divided court allows antitrust lawsuit against Apple to continue (Amy Howe, May 13, 2019)
Argument analysis: Justices poised to allow antitrust dispute against Apple over apps to go forward (Amy Howe, November 26, 2018)
Argument preview: Justices to consider whether antitrust lawsuit by iPhone users can go forward (Amy Howe, November 19, 2018)
Five new grants, one CVSG, but no Arlene’s Flowers (Amy Howe, June 18, 2018)
Court issues orders from last week’s conference (Amy Howe, October 10, 2017)

Date	Proceedings and Orders (key to color coding)
Aug 02 2017	Petition for a writ of certiorari filed. (Response due September 6, 2017)
Sep 06 2017	Motion for leave to file amicus brief filed by Washington Legal Foundation.
Sep 06 2017	Brief of respondents Robert Pepper, et al. in opposition filed.
Sep 06 2017	Motion for leave to file amicus brief filed by ACT The App Association.
Sep 15 2017	Objection to motions of the App Association and the Washington Legal Foundation to fie briefs in support of petitioner from respondents Robert Pepper, et al. filed.
Sep 20 2017	DISTRIBUTED for Conference of 10/6/2017.
Sep 20 2017	Reply of petitioner Apple Inc. filed. (Distributed)
Oct 10 2017	The Solicitor General is invited to file a brief in this case expressing the views of the United States.
May 08 2018	Brief amicus curiae of United States filed.
May 22 2018	DISTRIBUTED for Conference of 6/7/2018.
Jun 11 2018	DISTRIBUTED for Conference of 6/14/2018.
Jun 18 2018	Motion for leave to file amicus brief filed by ACT The App Association GRANTED.
Jun 18 2018	Motion for leave to file amicus brief filed by Washington Legal Foundation GRANTED.
Jun 18 2018	Petition GRANTED.
Jun 25 2018	Motion for an extension of time to file the briefs on the merits filed.
Jul 03 2018	Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 10, 2018. The time to file respondents' brief on the merits is extended to and including September 24, 2018.
Aug 07 2018	Blanket Consent filed by Respondent, Robert Pepper, et al.
Aug 10 2018	Brief of petitioner Apple Inc. filed.
Aug 10 2018	Joint appendix filed. (Statement of costs received.)
Aug 16 2018	Brief amicus curiae of R Street Institute filed.
Aug 17 2018	Brief amicus curiae of Washington Legal Foundation filed.
Aug 17 2018	Brief amicus curiae of United States filed.
Aug 17 2018	Brief amicus curiae of Computer & Communications Industry Association filed.
Aug 17 2018	Brief amicus curiae of Chamber of Commerce of the United States of America filed.
Aug 17 2018	Brief amicus curiae of BSA \| The Software Alliance filed.
Aug 17 2018	Brief amicus curiae of Verizon Communications Inc. in support of neither party filed.
Aug 17 2018	Brief amicus curiae of ACT The App Association filed.
Sep 10 2018	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Sep 24 2018	Brief of respondents Robert Pepper, et al. filed.
Sep 28 2018	Blanket Consent filed by Petitioner, Apple Inc..
Oct 01 2018	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Oct 01 2018	Brief amici curiae of Antitrust Scholars filed.
Oct 01 2018	Brief amici curiae of Texas, Iowa, and 29 Other States filed.
Oct 01 2018	Brief amicus curiae of Open Markets Institute filed.
Oct 01 2018	Brief amicus curiae of American Antitrust Institute filed.
Oct 09 2018	SET FOR ARGUMENT ON Monday, November 26, 2018
Oct 11 2018	Application (18A399) to extend the time to file a reply brief from October 24, 2018 to October 29, 2018, submitted to The Chief Justice.
Oct 15 2018	Record requested from the U.S.C.A. 9th Circuit.
Oct 17 2018	Application (18A399) granted by The Chief Justice extending the time to file petitioner's reply brief on the merits to and including October 29, 2018.
Oct 19 2018	CIRCULATED
Oct 29 2018	Reply of petitioner Apple Inc. filed. (Distributed)
Nov 26 2018	Argued. For petitioner: Daniel M. Wall, San Francisco, Cal.; and Noel J. Francisco, Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae). For respondents: David C. Frederick, Washington, D. C.
May 13 2019	Adjudged to be AFFIRMED. Kavanaugh, J., delivered the opinion of the Court, in which Ginsburg, Breyer, Sotomayor, and Kagan, JJ., joined. Gorsuch, J., filed a dissenting opinion, in which Roberts, C. J., and Thomas and Alito, JJ., joined.
Jun 17 2019	JUDGMENT ISSUED.

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Today at SCOTUS: It's the opening day of the 2022-23 term. At 9:30 a.m. EDT, the court will issue orders, which may include cert grants from last week's "long conference." Then, at 10, the court will hear two arguments as Ketanji Brown Jackson takes the bench for the first time.

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Goodbye SCOTUS, a fond farewell . . .

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And then there were four. (Photo from before yesterday's investiture of Justice Ketanji Brown Jackson, by the Supreme Court of the United States.)

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Art Lien, AKA @Courtartist, retired over the summer after 45 years drawing the Supreme Court. For the last nine of those years, Art worked for SCOTUSblog. We're honoring his journalism with a retrospective on his work. Trust us, it's a feast for the eyes:

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Justice Jackson's investiture ceremony has concluded. After the ceremony, she took the traditional walk down the court's front steps, accompanied by the chief justice. She also shared a moment with her husband, Patrick, on the plaza after the ceremony. Photos by @katieleebarlow.

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Today at SCOTUS: The investiture of Ketanji Brown Jackson, the first Black woman to serve as a justice. Jackson was sworn in over the summer, so the investiture is purely ceremonial. Joe Biden and Kamala Harris reportedly are expected to attend the invite-only event at the court.

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