Unreported / Non-Citable
Background
VK, a Russia-based technology company, enrolled in Apple's Developer Program on September 6, 2009 and accepted the Apple Developer Program License Agreement. The agreement requires any litigation or dispute arising out of or relating to the agreement, the Apple Software, or the parties' relationship to take place exclusively in state or federal courts in the Northern District of California. Its forum-selection and choice-of-law provisions survive termination, and VK accepted versions containing those provisions at least 46 times, most recently on June 18, 2026.
Beginning in 2014, the United States, the European Union, and the United Kingdom imposed sanctions on Russian persons and entities. After a sanctions-compliance review raised ownership and control concerns involving VK and its parent, Apple suspended VK's Developer Program participation and removed VK's applications from the App Store on June 23, 2026. VK responded by suing Apple, Apple Rus, and Apple Distribution International Ltd. in the Moscow Arbitrazh Court, seeking restored platform access and app functionality, a fine of RUB 58,000,000 per day, and immediate enforcement before appeal. VK acknowledged the agreement but disputed meaningful assent and argued it could not receive justice in California because U.S. sanctions law conflicts with Russian public policy and mandatory rules.
Apple filed this anti-suit action on October 20, 2026, seeking to enforce the forum-selection clause and obtain injunctive and declaratory relief. The court granted a temporary restraining order, ordered VK to show cause why a preliminary injunction should not issue, and authorized email service; Apple served VK on October 23, but VK never appeared or responded. The Moscow court adjourned its October 27 hearing to December 8, and Apple reported that a separate Russian action had ordered Apple and its affiliates to terminate the California proceedings. The court extended the TRO through November 18 before issuing this decision.
The Court’s Holding
The court applied the Ninth Circuit's three-part anti-suit injunction framework from Microsoft and Gallo rather than requiring the usual showing of likely success on the underlying claim. It first found the parties and issues the same: Apple and VK were litigating in both forums, the threshold forum-selection issue was identical, and the California action was capable of disposing of the Moscow proceeding because the foreign claims fell within the clause.
The court next found an Unterweser factor satisfied because the Russian litigation would frustrate the forum's strong policy favoring enforcement of forum-selection clauses. On comity, it emphasized that this was a private contractual dispute rather than one involving public international law or government litigants, relied on the injunction's tailored, party-directed scope, and reasoned that VK's filing first in Moscow did not implicate comity where the parties had a forum-selection clause. It concluded any interference with comity would not be intolerable.
The court therefore granted Apple's request and required no security under Rule 65(c), citing the strength of Apple's claims and the lack of any realistic likelihood of harm to VK. The injunction bars VK, its officers, agents, employees, attorneys, and those acting with them from taking further steps in Moscow Case Number A40-250513/26-12-2188, except to seek an immediate adjournment or stay and report the result; from initiating other proceedings arising out of the agreement, Apple Software, or the parties' relationship outside the Northern District of California; and from proceedings seeking to enjoin Apple or its affiliates from enforcing their rights. VK must request the Russian adjournment or stay within three court days of actual notice and report its disposition within two court days. The injunction remains in effect until final judgment unless otherwise ordered, and Apple must serve it by November 9, 2026.
Key Takeaways
- Enforcement of the parties' exclusive California forum-selection clause was central to both the anti-suit injunction analysis and the scope of relief.
- VK's failure to appear or oppose left Apple's request unopposed, but the court still separately addressed the parties and issues, the Unterweser factors, and international comity.
- The injunction permits steps necessary to obtain an immediate adjournment or stay in Moscow and to report that disposition, rather than barring all contact with the Russian court.
- It also restricts VK from pursuing other covered proceedings outside the Northern District of California and from seeking to restrain Apple's enforcement actions.
- The court waived Rule 65(c) security and made the preliminary injunction effective through final judgment unless it orders otherwise.
Why It Matters
The decision applies established anti-suit injunction doctrine to a dispute arising from App Store removals and sanctions-compliance concerns, grounding the result in contract enforcement rather than resolving the lawfulness of Apple's actions. It shows that an exclusive forum-selection clause can support relief against foreign proceedings even when the foreign case was filed first.
The relief is preliminary and not a final judgment on the merits. Its practical effect is to pause the identified Moscow lawsuit and route covered disputes to California, subject to the order's reporting deadlines and the possibility of later modification.