The pending Ninth Circuit appeal was held in abeyance pending
AMG’s outcome. Following the
AMG decision, the parties filed supplemental briefs regarding how the appeal should proceed. Both the FTC and defendants conceded that the monetary judgment under 13(b) should be vacated. The FTC argued
AMG has no other effect; defendants disagree. The appeal remains pending.
FTC v. American Future Systems, Inc., No. 20-cv-02266 (E.D. Pa.)
On April 30, defendants filed a notice of supplemental authority notifying the court of the
AMG decision, and arguing that significant portions of the FTC’s complaint should be stricken. On May 17, 2021, defendants filed their answers to the (pre-