The Legal Saga Since 2020
Epic’s battle began in 2020 when it accused Google of imposing heavy restrictions on app developers and charging fees of up to 30% on in-app purchases. Google initially agreed to a jury trial but attempted to backtrack just before proceedings began — a move Judge Donato flatly rejected.
Following a multi-day remedies hearing, Donato imposed a three-year injunction in October 2023 that prohibits Google from signing exclusive distribution deals or paying rivals to stay out of the app marketplace. Google quickly appealed, claiming the injunction was “unprecedented” and “overbroad.”
Appeals Court Shows Little Sympathy for Google
During February’s appeal hearing, Google’s lead counsel Jessica L. Ellsworth of Hogan Lovells attacked nearly every aspect of the trial, arguing Judge Donato misapplied legal standards. The panel, however, appeared skeptical, repeatedly questioning Google’s theories and timing.
On Thursday, Judges McKeown, Danielle Forrest, and Gabriel P. Sanchez upheld the jury’s findings and Donato’s sweeping injunction — rejecting Google’s claims on every front.
