Innovative Designs Inc (IVDN)

[NevoTX]

Answering my own question:

The appeal is case case 20-3379 in the Third Circuit court of appeals. There's really not a whole lot in PACER yet. (Remember: anyone can create a PACER account; you don't need to be a lawyer!) I downloaded 2 documents and am hosting them for anyone who wants to read them:

- Notice of Appeal (not at all interesting) at https://ivdn.s3-us-west-2.amazonaws.com/NoticeOfAppeal.pdf

- Summary of Case (has the judge's decisions and the FTC's cause of appeal, but only in very summary form): https://ivdn.s3-us-west-2.amazonaws.com/ConciseSummaryOfCase.pdf

I expect that in the near future we'll see the FTC make a more detailed argument on its cause of appeal.

The two issues the FTC is asking the appellate court to review are:

(1) Whether the district court erred in granting judgment on partial findings under Rule 52(c).
(2) Whether the district court erred in striking the expert testimony of the FTC's experts.

Having read the judge's memorandum on her decision to strike Yarborough's testimony, the FTC has to have a lot of cards up its sleeve to prevail on point (2), in my "IANAL" opinion.

I don't know enough about law to offer an opinion on (1), but if the FTC fails to convince the appellate court to overturn (2), then point (1) is moot. (I think.)