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Federal Trade Commission v. Shire Viropharma, Inc., ___ F.3d ___ (3d Cir. 2019).  A former President of the United States famously uttered the statement that, in interpreting his testimony under oath, “it depends on what the meaning of ‘is’ is.”  Today’s opinion by Chief Judge Smith addressed whether the Federal Trade Commission Act, 15 U.S.C. §53(b), section 13(b) of the Act, which allows the Federal Trade Commission (“FTC”) to sue anyone who “is violating” or “is about to violate” the Act subjects to suit someone who...