Fortnite maker Epic is appealing the ruling of its Apple lawsuit

Last week, the judge presiding over the high-profile Epic v. Apple lawsuit issued a ruling that would force Apple to loosen some restrictions on third-party payments while instructing Epic to pay the iPhone maker at least $3.65 million in damages.

As reported by The Verge, Epic now intends to appeal that decision and has called on a higher court to reexamine the case. "Notice is hereby given that Epic Games, Inc., Plaintiff and Counter-Defendant in the above-named case, appeals to the United States Court of Appeals for the Ninth Circuit from the final Judgment entered on September 10, 2021," reads the notice of appeal, which was officially filed on September 12.

Reacting to the initial ruling on social media, Epic co-founder and CEO Tim Sweeney said the outcome"isn't a win for developers or consumers," despite Apple being hit with an injunction that will prevent it from prohibiting links to third-party payment options on the App Store.

"Epic is fighting for fair competition among in-app payment methods and app stores for a billion consumers," added Sweeney. "Fortnite will return to the iOS App Store when and where Epic can offer in-app payment in fair competition with Apple in-app payment, passing along the savings to consumers."

In coming to their initial decision, Judge Yvonne Gonzalez-Rogers said the court wasn't able to conclude that Apple has become a "monopolist" under federal state or anti-trust laws, and suggested "Epic Games overreached" with some of its antitrust claims.

Reiterating Epic's current stance, Sweeney said the company will continue fighting for "fair competition on digital platforms" and thanked the courts for managing "a very complex case on a speedy timeline."