Apple won an early win against NSO Group in court today. Apple sued the maker of Pegasus spyware in November 2021, but the Israel-based company has been trying to export Apple's lawsuit to its home country. Judge Donato denied NSO Group's request to dismiss Apple's lawsuit entirely, giving Apple an early victory.

In short, Judge Donato ruled that NSO Group’s request in the United States to dismiss the lawsuit and hold a trial in Israel was not in compliance with the regulations. Instead, Judge Donato argued that Apple would face the same challenges in Israel that NSO faced in the United States. The following is an excerpt from the judgment:

These factors can be balanced. NSO's ostensible burden in terms of witnesses and evidence in this region is balanced by an equal burden faced by Apple conducting proceedings in Israel. Witnesses and evidence are likely to be local and foreign in equal numbers, and there will be some challenges for one side or the other. NSO has not proven this. NSO also ignores the fact that these challenges will be solved with some mitigation measures.

NSO believes that Apple’s reasons for suing the Pegasus manufacturer do not apply to this case. Judge Donato disagreed. In the judgment, the judge confirmed the basis for Apple to sue NSO Group for violating the Computer Fraud and Abuse Act (CFAA) and the California Unfair Competition Law.

NSO's motion to dismiss was denied in its entirety. As a next step, NSO will need to respond to Apple’s lawsuit by February 14, 2024.

A case management conference is scheduled for April 4, 2024 at 10:00 am.

It is hereby ruled.

What does this mean for Apple? This is an early victory in the proceedings and validates Apple's basis for suing NSO Group. In addition, in his decision to allow the case to continue hearing in the United States, Judge Donato seemed not to be too enthusiastic about NSO Group's efforts to dismiss the case on the grounds of written form.

An Apple spokesperson said the company will continue to protect users from 21st century mercenaries like NSO Group. Apple said the lawsuit against the makers of the Pegasus spyware is part of a larger effort to protect users. This effort includes the use of lockdown mode on iPhones, Apple notifying users who may be targeted by nation-state attackers, and a $10 million grant through the Ford Foundation to support research into mercenary spyware threats.