They are almost certainly doing this; question is whether they will file it.

FB's noise around this feels very out of character, even for something that's devolved into a personal conflict. They may be truly scared of the update.

Facebook has been reported as assisting Epic Games in its lawsuit and been preparing for months for lawsuits against Apple. For the kind of company it is, it might pull a “Peter Thiel on Gawker” move, though it won’t reflect well on its name. But not enough people seem to care much about Facebook’s practices or what it does. After the uproar over WhatsApp’s upcoming policy change on data sharing with Facebook, several people moved to other chat platforms. But I still see those people stuck with WhatsApp and also using Facebook and Instagram even while knowing that these are all part of the same company.

FB undoubtedly knows enough about powerful judges and politicians to get what they want. J. Edgar Hoover's wildest dreams didn't contemplate what Facebook can do.