Apple’s opening merits brief at the Supreme Court in Apple Inc. v. Epic Games, Inc., No. 25-1311, is due Monday, September 14, 2026. The single question the Court agreed in June to decide is the standard for imposing a civil contempt sanction, not whether Apple’s App Store rules violate antitrust law.
The filing is the next scheduled step in a dispute that began as a fight over how Apple complied with a 2021 injunction, moved through the Ninth Circuit, and reached the Supreme Court this year on a petition Apple filed in May. Monday’s brief opens the merits phase of the appeal. It does not decide anything by itself, and the Supreme Court’s own docket shows no ruling due this year.
What Apple is required to file Monday
Apple’s petition for a writ of certiorari, filed May 21, 2026 and docketed six days later, asked the Supreme Court to review a Ninth Circuit ruling. On June 30, 2026, the Court granted the petition, but limited it to Question 1. Extensions granted July 22 and 23, 2026 set Apple’s opening brief on the merits for September 14, 2026, and Epic’s response for November 13, 2026. The case has moved on its own separate track from Apple’s September hardware announcements, and neither Apple nor Epic has tied the two together in any filing.
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| Key facts | Detail |
|---|---|
| Case | Apple Inc. v. Epic Games, Inc. |
| Docket number | 25-1311 |
| Court | Supreme Court of the United States |
| Question the Court granted | Question 1 only, the civil contempt standard |
| Apple’s opening brief due | Monday, September 14, 2026 |
| Epic’s response brief due | Friday, November 13, 2026 |
| Oral argument date | Not yet on the docket |
The docket dates that led to Monday
Every date below comes from the Supreme Court’s own public docket for No. 25-1311.
| Date | Docket entry |
|---|---|
| Dec 11, 2025 | Ninth Circuit decision below |
| May 21, 2026 | Apple’s cert petition filed |
| May 27, 2026 | Petition docketed |
| Jun 30, 2026 | Petition granted, limited to Question 1 |
| Jul 22-23, 2026 | Merits-brief extensions granted |
A contempt case, not an App Store case
Apple’s own petition framed Question 1 as a circuit split over the standard for imposing a civil contempt sanction, a procedural question about how courts enforce injunctions already in place. Apple’s petition separately argued that the Ninth Circuit’s decision expanded an antitrust exception to the Supreme Court’s ruling in Trump v. CASA. The Court did not grant certiorari on that argument. What the Court agreed to hear is narrower than either of Apple’s broader arguments, and narrower still than the App Store commission and steering rules that already govern every app sold for devices such as the iPhone 18 Pro.
What Monday’s filing does not change
Filing a brief does not alter any existing order. Apple’s application to stay the Ninth Circuit’s mandate was denied in August, a separate step from Monday’s deadline, so the injunction requiring Apple to let developers link out to outside payment methods remains in force regardless of what Monday’s brief argues. That filing addresses the contempt standard on appeal; it carries no effect on the obligations Apple is already operating under.
What happens after the brief is filed
Epic’s response brief is due November 13, 2026. No oral argument date appears on the docket. The Court’s own calendar, not this filing, will determine when the case is argued, and the docket for No. 25-1311 does not yet list a sitting. That timeline runs well past this month’s other Apple dates, including the iPhone 18 Pro’s September 18 arrival in stores, which has no bearing on the case’s schedule.
What Apple has not said
- The contents of Monday’s brief, ahead of its filing.
- Whether it will argue points beyond Question 1 despite the Court’s limits on the grant.
- Any oral argument date, which is not yet on the docket.
Today is Saturday, September 12, 2026. Apple’s brief is due at the Supreme Court in two days, the same Monday that iOS 27 becomes available. The docket in No. 25-1311 is the place to check what the brief actually argues once it is filed, not for any ruling, since the case’s own schedule does not call for one this year.
