Robert Pepper v. Apple, Inc.
Court of Appeals for the Ninth Circuit
1Opinion of the Court
OPINION
W. FLETCHER, Circuit Judge:
In their current complaint, Plaintiffs allege that they purchased iPhones and iPhone applications (“apps”) between 2007 and 2013, and that Apple has monopolized and attempted to monopolize the market for iPhone apps. In ruling on Apple’s fourth motion to dismiss, the district court held that Plaintiffs lacked antitrust standing under Illinois Brick Co. v. Illinois, 431 U.S. 720, 97 S.Ct. 2061, 52 L.Ed.2d 707 (1977).
We must decide two questions. First, we must decide whether Rule 12(g)(2) barred the district court from considering on the merits Apple’s fourth…
2Cases cited14 opinions
- Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
- Illinois Brick Co. v. IllinoisSupreme Court of the United States · 1977
- Hanover Shoe, Inc. v. United Shoe MacHinery Corp.Supreme Court of the United States · 1968
- Whittlestone, Inc. v. Handi-Craft Co.Court of Appeals for the Ninth Circuit · 2010
- Ennenga v. StarnsCourt of Appeals for the Seventh Circuit · 2012
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- U.S. & State v. Somnia, Inc.District Court, E.D. California · 2018
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