04/08/2025 - Apple Launches Latest Legal Shenanigans to Delay Ninth Circuit Appeal

Today, I’m reporting on Apple’s latest procedural maneuvering in my ongoing appeal before the Ninth Circuit Court of Appeals. Unsurprisingly, Apple has filed a flurry of motions attempting to stall or dismiss my appeal, despite the Court already setting a briefing schedule and my case moving forward.

Apple filed:

• A Motion to Stay or Dismiss the Appeal, arguing that my appeal is "premature" because the district court has not yet ruled on Rule 54(b) certification​.
• Oppositions to my motions seeking clarification on the briefing schedule​.
• Opposition to my motion to consolidate my related appeals for efficiency​.

However, in my Omnibus Opposition filed today, I exposed Apple’s contradictory litigation strategy — and I want to share the highlights with you.

What Apple Is Arguing

Apple claims that:

• The Ninth Circuit does not yet have jurisdiction over my case because not all district court claims were finalized.
• They want the appellate court to either pause (stay) the case or throw it out entirely​.

This, of course, directly conflicts with their earlier arguments in the district court, where they insisted the dismissed claims were irrelevant and closed — to avoid discovery obligations and responding to my evidence requests​.

My Response

In my Omnibus Opposition, I detailed how Apple is:

• Contradicting itself across courts: In district court, Apple argued my dismissed claims were final and irrelevant to avoid producing discovery. In the appellate court, they now claim those same claims are "not final" to block my appeal.
• Engaging in procedural harassment: Apple flooded the court with over 1,500 pages of duplicative attachments — much of which was already in the record — violating Ninth Circuit rules that prohibit excessive and unnecessary filings​.
• Creating a procedural paradox: Apple wants the claims to be both final (to dodge discovery) and not final (to avoid appeal). In my filing, I described this as Apple creating a “logical loop” that collapses under scrutiny. As I wrote: “Apple’s argument requires claims to exist in mutually exclusive states — an infinite loop of contradictory conditions with no resolution.”​

I even included a diagram illustrating Apple’s self-contradictory litigation posture, highlighting how their argument logically collapses — or as I aptly put it, Apple’s litigation position is "like Schrödinger’s cat: simultaneously alive and dead."​

What Happens Next

Despite Apple’s attempt to derail the process, the Ninth Circuit already issued a briefing schedule:

• May 6, 2025: My Opening Brief due
• June 5, 2025: Apple’s Response due

Apple’s motion to stay or dismiss the appeal will be decided by the Court, but meanwhile, I will continue preparing my Opening Brief.

Stay tuned — I will keep fighting for accountability, and I will not allow procedural gamesmanship to derail the truth.

You can read the filings here:

• Apple’s Motion to Stay or Dismiss Appeal
• Apple’s Response to Motion to Consolidate
• Apple’s Response to Motion for Clarification
• My Omnibus Opposition to Apple’s Motions

Follow the full case docket here: Gjovik v. Apple Inc. (9th Circuit Docket)

For real-time updates, follow along on Twitter, Mastodon, or BlueSky.