Coinbase filed a motion to appeal a judge's decision last month decision made last month, which allowed a lawsuit involving the Securities and Exchange Commission (SEC) and the exchange to proceed without being dismissed.

By filing the interlocutory appeal, Coinbase is claiming substantial grounds for differences of opinion, according to a person familiar.  

It is unlikely that an interlocutory appeal, which is filed before the end of a proceeding, will be approved. The SEC tried to file an interlocutory appeal in its case against Ripple last year but was ultimately rejected. 

Judge decides not to dismiss

In last month's decision, Judge Katherine Polk Failla of New York disagreed with Coinbase's point that investment contracts need a formal contract. When a customer …