Law & Court Decisions — 2026-07-19

Supreme Court & Federal Courts

Percept Technologies v. Patent Trial and Appeal Board — Federal Circuit

• Holding: The Federal Circuit affirmed the PTAB's decision that Percept Technologies' patent claims for "Digital Eyewear" are unpatentable as obvious over prior art.
• Vote / posture: Panel decision; inter partes review appeal
• Why it matters: Signals continued skepticism from the Federal Circuit toward digital eyewear patents, affecting future patent validity challenges in AR/VR technology space.

Seventh Circuit TCPA Interpretation — U.S. Court of Appeals for the Seventh Circuit

• Holding: The 7th Circuit issued a novel textual interpretation of the Telephone Consumer Protection Act that conflicts with other appellate courts' readings, potentially raising the issue for Supreme Court resolution.
• Vote / posture: Panel decision; creates circuit split
• Why it matters: The ruling puts the 7th Circuit out of sync with sister circuits and raises the likelihood of eventual SCOTUS intervention on TCPA textualism and standing.

Tech Antitrust & Regulatory Battles

Apple vs. U.S. Department of Justice — U.S. District Court (Settlement Negotiations)

• What happened this week: Apple and the DOJ entered early, active settlement discussions regarding the 2024 antitrust lawsuit alleging illegal smartphone monopoly. Bloomberg reported Apple has made multiple settlement offers this year.
• Stakes: The case challenges Apple's control over the iPhone ecosystem. Settlement could avoid trial and impose behavioral remedies on App Store practices; DOJ seeks to open iPhone to competitors.
• Status: Early-stage negotiations; no trial date announced yet. Settlement could prevent a prolonged trial expected to detail Apple's competitive practices.

1 sources

appleinsider.com

appleinsider.com

Google vs. European Commission — EU DMA Enforcement

• What happened this week: The European Commission ordered Google to grant rival AI assistants and search engines greater access to key parts of Android and Google Search in compliance with the Digital Markets Act.
• Stakes: Forces Google to open Android interoperability to competitors' AI and search tools; unprecedented data-sharing and technical access mandates under EU DMA rules.
• Status: Compliance order issued; Google must implement changes; enforcement ongoing under DMA framework.

Amazon & Microsoft vs. European Commission — EU Cloud Services DMA Investigation

• What happened this week: EU regulators announced investigations into whether Amazon and Microsoft should be designated as "gatekeepers" under the DMA for their cloud computing services.
• Stakes: Potential classification as gatekeepers would impose strict DMA compliance obligations on cloud infrastructure, including data portability and interoperability mandates affecting AWS and Azure.
• Status: Preliminary investigation; gatekeeper designation decision pending.

Other Notable Rulings & Enforcement

• Apple €500 Million DMA Fine — EU Enforcement (June 2026): The European Commission fined Apple €500 million (~$570 million) for breaching DMA anti-steering rules by obstructing developers from guiding users to alternative payment methods on the App Store. This follows a series of EU penalties against Apple for DMA non-compliance and represents the Commission's aggressive enforcement stance on payment steering and app distribution fairness.

Case of the Week — Deep Dive

Apple-DOJ Settlement Talks: A Potential Inflection Point in U.S. Tech Antitrust

Background The DOJ filed suit against Apple in 2024, alleging that the company illegally maintained a monopoly over the smartphone market through anti-competitive control of the iPhone ecosystem—including the App Store, payment processing, and sideloading restrictions. The case centers on whether Apple's vertical integration and walled-garden practices violate Section 2 of the Sherman Act. A trial could have lasted months and required deep discovery into Apple's most sensitive business practices.

What the parties are discussing As reported by Bloomberg on July 17, 2026, Apple and the DOJ are now in "early" and "active" settlement discussions. Apple has reportedly made "multiple offers" to settle the case this year. The discussions remain in preliminary stages, and neither side has disclosed potential settlement terms. However, a settlement would likely involve behavioral commitments—such as opening the App Store to third-party app distribution, reducing App Store commission rates, or easing restrictions on alternative payment methods—rather than structural relief (breaking up Apple).

Ripple effects If Apple settles, it would mark a significant shift in U.S. antitrust enforcement under the Trump administration's DOJ. A settlement would avoid a multi-year trial that could have set binding precedent on smartphone monopoly law. It also signals the DOJ may prefer negotiated outcomes over protracted litigation, especially given the resource-intensive nature of Big Tech trials. Conversely, a settlement without major structural concessions could embolden other tech defendants (Amazon, Google, Microsoft) to seek similar negotiated exits rather than proceed to trial. The case has also inspired parallel state AG litigation and DOJ investigations into Apple's other practices (App Store payment terms, music streaming). A federal settlement would likely influence state AG enforcement strategies.

What to Watch Next

• July 28, 2026 — Apple-DOJ settlement negotiations (ongoing): Watch for updates on negotiation progress or formal settlement announcement; parties have not announced a deadline.
• August 2026 — EU cloud gatekeeper designation decision window: European Commission expected to announce whether Amazon and Microsoft meet DMA gatekeeper criteria for cloud services.
• Fall 2026 — Google compliance deadline: Google must implement EU-ordered interoperability changes for Android and Search to rival AI and search tools; monitor for compliance disputes.
• TBD — 7th Circuit TCPA ruling petition to SCOTUS: Expect TCPA litigants and industry groups to petition the Supreme Court for cert on the circuit split over textual interpretation; watch for cert grant decision in fall term.

Reader Takeaways

• If you run a tech business: Settlement discussions between Apple and the DOJ suggest the U.S. government may prefer negotiated outcomes over courtroom battles. Expect behavioral remedies (open standards, reduced fees, data access) rather than forced breakups—but don't assume your company is safe from antitrust scrutiny.

• If you build app-based or cloud services: The EU's DMA enforcement is moving faster than U.S. litigation. Amazon and Microsoft could soon face gatekeeper obligations on cloud, similar to what Apple faces on app distribution. Plan for interoperability requirements and data-sharing mandates in EU markets.

• If you're a consumer: Potential Apple settlement and EU DMA rulings may eventually give you more app distribution choices, alternative payment options, and access to competitor services on your devices—but implementation will take months or years and will likely come with trade-offs in security or features.