Apple files formal objection in iPhone unlocking case, guarantees appeal via motion

Apple is apparently creating a second chance for itself with the iPhone unlocking/San Bernadino shooter case.

The company, following yesterday’s Congressional hearing, filed a formal objection to the court order instructing it to assist the FBI in breaking into an iPhone used by one of the San Bernardino shooters.

Apple had previously filed its mandatory response, in which it called for the court to vacate the order. This was a 65-page detailed document setting out the reasons the company believed the order should not have been granted.

The two-page filing offered the following:

In an abundance of caution, to the extent Federal Rule of Criminal Procedure 59, Federal Rule of Civil Procedure 72, and/or Local Civil Rule 72-2.1 are applicable in this case, Apple Inc. (“Apple”), by and through its counsel of record, hereby formally objects to the Court’s February 16, 2016 Order Compelling Apple Inc. to Assist Agents in Search (ED No. 15-451M, Dkt. 19) for the reasons set forth in Apple’s Motion to Vacate Order Compelling Apple Inc. to Assist Agents in Search, and Opposition to Government’s Motion to Compel Assistance (ED No. CM 16-10-SP, Dkt. 16).

While a follow-up hearing had been scheduled by the U.S. District Court for the Central District of California on March 22nd, it could have been argued that Apple had waived its right to appeal by failing to submit a formal objection to the ruling. Apple, in turn, has created a chance for appeal via the statement of objection.

Stay tuned for additional details as they become available.

Via 9to5Mac and NBC