Epic Games, Inc. v. Apple Inc., 25-2935

ORDER

Before: S.R. THOMAS and M. SMITH, Circuit Judges, and McSHANE, Chief District Judge.^*

Apple’s Emergency Motion Under Circuit Rule 27-3 for a Partial Stay Pending Appeal (Dkt. 7) is DENIED. In deciding whether to impose a stay, we consider: “(1) whether the stay applicant has made a strong showing that he is likely to succeed on the merits; (2) whether the applicant will be irreparably injured absent a stay; (3) whether issuance of the stay will substantially injure the other parties interested in the proceeding; and (4) where the public interest lies.” Nken v. Holder, 556 U.S. 418, 426 (2009) (quoting Hilton v. Braunskill, 481 U.S. 770, 776 (1987)). Apple “bears the burden of showing that the circumstances justify an exercise of [our] discretion.” Id. at 433–34. After reviewing the relevant factors, we are not persuaded that a stay is appropriate.

The outstanding motions for leave to file an amicus brief (Dkts. 11, 17, 19, 27, 28, 29, and 30) are all GRANTED.

Notes

*

The Honorable Michael J. McShane, United States Chief District Judge for the District of Oregon, sitting by designation.

Case Details

Case Name: Epic Games, Inc. v. Apple Inc.

Court Name: Court of Appeals for the Ninth Circuit

Date Published: Jun 4, 2025

Citation: 25-2935

Docket Number: 25-2935

Court Abbreviation: 9th Cir.