Tuesday, August 20, 2019 10:42:20 AM
If this guy is their witness, he seems to have decent credentials: https://www.researchgate.net/profile/David_Yarbrough2
I haven't read the deposition, and the transcripts aren't available yet from PACER, but I'm not as confident as some of you seem to be in IVDN. While I'm long on IVDN, and hope they prevail, I did read the pre-trial briefings and what others have described as gobbledygook on the part of the FTC sounds a lot like 'evidence' to me.
IVDN has an uphill battle. They modified the standard ASTM C-518 testing process to measure their product (because of its thickness) and need to demonstrate the modified test is accurate. It seems, from the pre-trial statement, that IVDN's lab may have been accredited just for the purpose of testing IVDN's material. Why they didn't choose a lab that was already accredited is beyond me, but it raises alarm bells.
The federal government tends to only chase cases they know they can win. There are a lot of bad actors in the nation, and the government has a limited number of attorneys and other resources to sue them. They get to cherry pick their cases. I don't think the FTC would have started this action unless they were confident.
This is just one person's opinion. I hope I'm wrong. But I don't see this case through the rose colored glasses that others seem to.
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