This Court has personal jurisdiction over Defendants consistent with the principles of due process and the Georgia Long-Arm Statute based on Defendants contacts with the State of Georgia and this District. Healthier Choices seeks a judgment that Defendants directly infringe, induce infringement of, and contribute to infringement of one or more claims of the 170 patent by the importation, distribution, offer for sale, and sale in the United States of Defendants IQOS, Entry of judgment under 35 U.S.C. A true and correct copy of the 170 patent is attached hereto as Exhibit A. Healthier Choices is the assignee of the entire right, title, and interest in the 170 patent by way of assignments from the named inventors Edwin Balder, Gilbert Cypert, and Xuandon Huang, which were recorded at the PTO on July 30, 2019 at Reel 049896, Frame 0442. To order presentation-ready copies for distribution to your colleagues, clients or customers visit http://www.djreprints.com. 10:17-20.) HCMC Healthier Choices Management Corp 84,471 Watch Alerts $0.0002 $0.00 (0.00%) Today $0.00 0.0001 (50.00%) After Hours Market Cap $69.27M Volume (M) 1.79B Through its wholly owned subsidiary HCMC Intellectual Property Holdings, LLC, the Company manages and intends to expand its intellectual property portfolio. On information and belief, PMP is a societe anonyme existing under the laws of Switzerland, with a corporate address at Quai Jeanrenaud 3, 2000 Neuchtel, Switzerland. Already a subscriber? 1HCMC is suing Philip Morris International (NYSE:PM) over patent infringement. A, col. SIGNATURESPursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized. For non-personal use or to order multiple copies, please contact Dow Jones Reprints at 1-800-843-0008 or visit www.djreprints.com. Your email address will not be published. Visit a quote page and your recently viewed tickers will be displayed here. In addition, when used in this release, the words anticipates, believes, estimates, expects, intends, and plans and variations thereof and similar expressions are intended to identify forward looking statements. District for the purpose of offering for sale, selling, using, and/or instructing its customers how to use the accused infringing product. Additional written or oral forward-looking statements may be made by the Company from time to time in filings with the Securities and Exchange Commission (SEC) or otherwise. Since at least October 2019, Defendants have and continue to use, sell, offer to sell, market, and/or distribute the Accused Infringing Product from at least one store that Defendants own and operate in Atlanta, Georgia. Information on these products and the technology is available on the Companys website atwww.theQcup.com. an iQOS User Guide. (SeeExh. HCMC Stock: Why Healthier Choices Investors Are Feeling Sick to Their Stomachs Today. In its decisions today, the Federal Circuit ruled for HCMC by reversing both of those decisions and remanded the case back to the District Court for further proceedings. Currently, Healthier Choices is involved in a legal battle with billion-dollar conglomerate Philip Morris. On information and belief, beginning in October 2019, Defendants began importing, distributing, marketing, offering for sale, selling, and commercially using the Accused Infringing Product in the United States, including in this District. ", Mr. Holman concluded, "For the sake of clarity, the Appellate Court's decisions both reinstate our infringement claim and also cancels the attorneys' fees award previously granted to Philip Morris in this case. With this lawsuit, Healthier Choices seeks to be compensated for Defendants use of its patented technology. On information and belief, PMP is the regulatory approval holder of the Pre-Market Tobacco Product Application (PMTA) for the IQOS, This court has personal jurisdiction over Philip Morris USA. On information and belief, the Accused Infringing Product is an electronic pipe that meets the limitations of at least claim 1 of the 170 patent, either literally or under the doctrine of equivalents. On information and belief, at least transmitting an electrical current from the battery to the heating blade in the Accused Infringing Product results in combustion of at least a portion of the IQOS, Therefore, Defendants importation, offer for sale, and sale of the Accused Infringing Product in combination with IQOS, Further, Defendants importation, offer for sale, and sale of the Accused Infringing Product in combination with IQOS, On information and belief, Defendants have directly infringed, and are continuing to directly infringe, literally or under the doctrine of equivalents, at least claim 1 of the 170 patent by importing, using, selling, offering for sale, marketing, and/or distributing the infringing IQOS, In addition to the limitations discussed above, claim 5 of the 170 patent also requires loading the combustible material into the combustible material reservoir. (Exh. . or under the doctrine of equivalents. The company's current product portfolio primarily consists . The Company markets its Q-Cup technology under the vape segment. Signed by Judge Timothy C. Batten, Sr. on 12/28/2020. Additionally, the Company markets its patented Q-Unitand Q-Cuptechnology. ANNOUNCES SUCCESS IN ITS APPEALS OF THE RULINGS IN PATENT INFRINGEMENT ACTION AGAINST PHILIP MORRIS. Sign In. Backtested performance is developed with the benefit of hindsight and has inherent limitations. However, that case looks to be coming to a close and not in the favor of HCMC. Have Watchlists? HOLLYWOOD, FL, April 12, 2023 -- Healthier Choices Management Corp. (OTC Pink: HCMC) announced today that the U.S. Court of Appeals for the Federal Circuit ruled in favor of HCMC on two separate appeals it had filed in its patent infringement action against Philip Morris USA, Inc. and Philip Morris Products S.A. pending in the district court for the Northern District of Georgia. Cookie Notice (). On information and belief, Philip Morris USA owns and maintains retail establishments at the Lenox Square shopping center with an address of 3393 Peachtree Rd. Forward looking statements may include, but are not limited to, projections or estimates of revenue, income, or loss, exit costs, cash flow needs and capital expenditures, statements regarding future operations, expansion or restructuring plans, including our recent exit from, and winding down of our wholesale distribution operations. This website includes a Store Locator feature that enables and encourages residents within this District and the State of Georgia to find retail establishments that offer for sale, sell, and/or instruct consumers how to use the accused infringing product. Thats because these penny stocks are frequently the playground for scam artists and market manipulators. Independent Claim 1 of the 170 patent recites the following: Independent Claim 5 of the 170 patent recites the following: Defendants developed, manufacture, import, offer for sale, sell, and instruct customers how to use a heat-not-burn tobacco system that is offered for sale and sold in this District and elsewhere in the United States of America and overseas under the trade name IQOS, On information and belief, each of the components of the Accused Infringing Product shown above were specifically and intentionally designed and, Defendants, working in concert with one another, import, distribute, offer for sale, sell, and/or instruct customers how to use the Accused Infringing Product in the United States. A, col. Klicken Sie auf Alle ablehnen, wenn Sie nicht mchten, dass wir und unsere Partner Cookies und personenbezogene Daten fr diese zustzlichen Zwecke verwenden. Therefore, on information and belief Defendants know and intend for consumers to operate the Accused Infringing Product in combination with the IQOSTobacco Sticks in a manner that satisfies this limitation of claim 5 literally or under the doctrine of equivalents. On information and belief, Philip Morris USA owns, operates, and maintains a website that facilitates the offer for sale, sale, and/or use of the accused infringing product (www.getiqos.com), which is accessible by residents within this District and the State of Georgia. According to packaging materials submitted to the FDA and included with Accused Infringing Product in the United States, the Accused Infringing Product (including Tobacco Sticks) is manufactured for Philip Morris USA. This is a civil action for patent infringement of U.S. Patent No. On information and belief, Philip Morris USA has purposefully conducted and continues to conduct business within this District,inter alia, by maintaining an active registration as a corporation with the Secretary of State of the State of Georgia under Control Number H857380, and by maintaining a Registered Agent within this District located at 289 South Culver Street, Lawrenceville, Georgia 30046-4805. 5 Hypergrowth Stocks With 10X Potential in 2023. On information and belief, Defendants instruct customers to load a combustible material (i.e., IQOS, Claim 5 of the 170 patent also requires activating the electronic pipe such that electric current is transmitted from the battery to the heating element. (Exh. swriters disclose this fact and warn readers of the risks. On information and belief, Defendants instruct consumers, Claim 5 of the 170 patent also requires initiating, by way of a heating element, a combustion reaction in the combustible material reservoir, the combustion reaction at least partially combusting the combustible material. (Exh. Ordering Defendants to account and pay damages adequate to compensate Plaintiff for Defendants infringement of the 170 patent, including pre-judgment and post-judgment interest and costs and supplement damages for any continuing post-verdict or post-judgment infringement; Ordering an accounting for any infringing sales not presented at trial and an award by the Court of additional damages for any such infringing sales; Awarding Healthier Choices its costs and expenses incurred in this Action; Granting Healthier Choices such other and further equitable relief which may be requested and to which Healthier Choices is entitled; and. Actual performance may differ significantly from backtested performance. Jeff Holman, CEO of HCMC, had this to say, We are gratified to have won our appeals and now have the opportunity to resume pursuing our infringement claims in the District Court against Philip Morris for its IQOS device., Mr. Holman concluded, For the sake of clarity, the Appellate Courts decisions both reinstate our infringement claim and also cancels the attorneys fees award previously granted to Philip Morris in this case. Privacy Notice | A few examples are what has crypto stocks falling today, BuzzFeed(NASDAQ:BZFD) stock starting to trade, as well as a buyout deal boosting GCP Applied Technologies(NYSE:GCP) stock. Defendants have had knowledge of Plaintiffs assertion of infringement of the 170 patent since at least the date of this Complaint. Jan 28, 2021 ATLANTA (Legal Newsline) - A federal appeals court last week approved a $20.7 million punitive damages award against cigarette maker Philip Morris, saying even though it was just. The company was founded by Jeffrey Elliott Holman in 1985 and is headquartered in Hollywood, FL. 2023 Benzinga.com. The profusion of opinions on social media and financial blogs makes it impossible to distinguish between real growth potential and pure hype. On November 30, 2020, Healthier Choices Management Corp. ("HCMC") issued a press release announcing the filing of its patent infringement lawsuit against Philip Morris USA, Inc. and Philip Morris Products S.A. in the U.S. District Court for the Northern District of Georgia (the "Complaint"). Either way it's a win for the stock though. 1391(c)(3) and 1400(b) because PMP is a foreign entity that has committed acts of infringement, or induced others (including, but not limited to, Philip Morris USA) to commit acts of infringement, within this District. PM's reply to lawsuit. Sign up with your email address to receive links to HCMC press releases, SEC filings, and product offerings. 271. innovative products and methods for,inter alia, consumers use and enjoyment of tobacco products. Healthier Choices Management Corp. (www.healthiercmc.com) is a holding company focused on providing consumers with healthier daily choices with respect to nutrition and other lifestyle alternatives. Hcmc would be stupid to fight it too long. Email icon; . https://www.healthiercmc.com/s/2023-04-12_HCMC_v_PM_Appellate_Decision.pdf, Adas Natural Market, a natural and organic grocery store offering fresh produce, bulk foods, vitamins, and supplements, packaged groceries, meat and seafood, deli, baked goods, dairy products, frozen foods, health & beauty products and natural household items (, Paradise Health & Nutritions three stores that likewise offer fresh produce, bulk foods, vitamins and supplements, packaged groceries, meat and seafood, deli, baked goods, dairy products, frozen foods, health & beauty products and natural household items, (, Mother Earths Storehouse, a two-store organic and health food and vitamin chain in New Yorks Hudson Valley, has been in existence for over 40 years. L and M, respectively.) The Vapor segment provides e-liquids, vaporizers and related products. 10:15-29.). Through its wholly owned subsidiaries, the Company operates: Adas Natural Market, a natural and organic grocery store offering fresh produce, bulk foods, vitamins, and supplements, packaged groceries, meat and seafood, deli, baked goods, dairy products, frozen foods, health & beauty products and natural household items (www.Adasmarket.com), Paradise Health & Nutritions three stores that likewise offer fresh produce, bulk foods, vitamins and supplements, packaged groceries, meat and seafood, deli, baked goods, dairy products, frozen foods, health & beauty products and natural household items, (www.ParadiseHealthDirect.com), Mother Earths Storehouse, a two-store organic and health food and vitamin chain in New Yorks Hudson Valley, has been in existence for over 40 years. Pursuant to 35 U.S.C. To start, Healthier Choices is a Florida-based company that focuses on solutions that help individuals live healthier lives. Through its wholly owned subsidiary HCMC Intellectual Property Holdings, LLC, the Company manages and intends to expand its intellectual property portfolio. In the first appeal, HCMC appealed the ruling of the District Court dismissing HCMCs patent infringement action and denying HCMCs motion to amend its pleading. Additional written or oral forward-looking statements may be made by the Company from time to time in filings with the Securities and Exchange Commission (SEC) or otherwise. Consider EVERYTHING else, this #stock has way more to offer as a company vs all other #OTC #stocks in trips. #HCMCDay has shares of the stock. F (IQOSstore location within the Lenox Square shopping center)) and at the Mall of Georgia shopping center with an address of 3333 Buford Dr., Space 1004, Buford, Georgia 30519 (Exh. Further, Philip Morris USA uses its regular and established places of business in this District to offer for sale, sell, use, and/or instruct its customers to use the accused infringing product thereby committing, inducing, and/or contributing to acts of patent infringement in this District. Published:2020-12-02 08:28:36Submitted: 2020-12-02Filing Agent:Healthier Choices Management CorpPeriod Ending In: 2020-12-02About Form 8-K/Apatent_litigation_8k.htmHEALTHIER CHOICES MANAGEMENT CORP. PATENT LITIGATIONZoom InZoom Out, UNITED STATESSECURITIES AND EXCHANGE COMMISSIONWashington, D.C. 20549FORM 8-KCURRENT REPORTPursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934Date of Report (Date of earliest event reported):November 30, 2020HEALTHIER CHOICES MANAGEMENT CORP.(Exact name of registrant as specified in its charter). Johnson & Johnson Q1 adj. 1331 and 1338(a). Keep a close eye on the proceedings and on how Healthier Choices responds. Changes in these assumptions may have a material impact on the backtested returns presented. home|about|business strategy | assets| investors|news|contact, patents|privacy policy|disclaimer| code of conduct, https://www.healthiercmc.com/s/2023-04-12_HCMC_v_PM_Appellate_Decision.pdf. The exercise of jurisdiction over Defendants would not offend traditional notions of fair play and substantial justice. Healthier Choices is the assignee and owner of all right, title, and interest in the 170 patent and Healthier Choices has the legal right to enforce the patent, sue for infringement, and seek equitable relief and damages. HCMC is deeply disappointed in the Courts decision to dismiss the case and is exploring its options for appeal with its counsel, Cozen O'Connor. All rights reserved. In the first appeal, HCMC appealed the ruling of the District Court dismissing HCMC's patent infringement action and denying HCMC's motion to amend its pleading. Support: 888-992-3836 Home NewsWire Subscriptions The 170 patent is entitled Electronic Pipe, and was duly and legally issued by the United States Patent & Trademark Office (PTO) on February 18, 2020. https://t.co/eN6RiaKkCY, Wolodymyr Chyr (@WallyChyr) December 5, 2021. We expect first-quarter revenues to . HOLLYWOOD, FL, Nov. 30, 2020 (GLOBE NEWSWIRE) -- Healthier Choices Management Corp. (OTC Pink: HCMC)today announced the filing of its patent infringement lawsuit against Philip Morris USA, Inc. and Philip Morris Products S.A. in connection with their product known and marketed as "IQOS."The lawsuit was filed in the United States District Court For the Northern District Of Georgia. Log in to see them here or sign up to get started. ), U.S.C. Philip Morris claims that it is currently approaching 14 million users of its IQOS product and has reportedly invested over $3 billion in their smokeless tobacco products. HEALTHIER CHOICES MANAGEMENT CORP.,Plaintiff,v.PHILIP MORRIS USA, INC. and PHILIP MORRIS PRODUCTS S.A.,Defendants. None of the IQOSHolder, Electronic Module, Heating Element, Rechargeable Battery and Charger, or Tobacco Stick is a staple article of commerce suitable for a substantial non-infringing use. This video focuses on penny stock HCMC news regarding their 2021 Rights Offering and the HCMC lawsuit update against Philip Morris patent infringement. The big story on HCMC is its patent infringement lawsuit against Philip Morris USA, Inc. and Philip Morris Products S.A. in connection with their product known and marketed as "IQOS." The lawsuit was filed in the United States District Court for the Northern District of Georgia. Enter your email to receive our newsletter. Philip Morris International (PMI) is a leading international tobacco company working to deliver a smoke-free future and evolving its portfolio for the long term to include products outside of the tobacco and nicotine sector. HOLLYWOOD, FL, Nov. 30, 2020 (GLOBE NEWSWIRE) -- Healthier Choices Management Corp. (OTC Pink: HCMC) today announced the filing of its patent infringement lawsuit against Philip Morris USA,. This press release contains forward-looking statements within the meaning of that term in the Private Securities Litigation Reform Act of 1995 (Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934). /s/Alycen MossAlycen MossGeorgia Bar No. Further, backtesting allows the security selection methodology to be adjusted until past returns are maximized. Specifically, backtested results do not reflect actual trading or the effect of material economic and market factors on the decision-making process. Why Is Bed Bath & Beyond (BBBY) Stock Up 15% Today? A, col. A, col. R. Civ. A copy of the press release is attached as Exhibit 99.1.The Complaint is attached as Exhibits 99.2 to this Current Report on Form 8-K and incorporated herein by reference. 2022-1268. (SeeExhs. Ct., Northern Dist. D (www.getiqos.com store locator website, identifying retail establishments within this District at which the accused infringing product can be purchased). P. 38, Healthier Choices hereby demands trial by jury in this action for all issues and claims so triable.PRAYER FOR RELIEFWHEREFORE, Healthier Choices respectfully requests the Court to enter judgment in its favor and grant the following relief: CERTIFICATE OF COMPLIANCEPursuant to L.R. Factors that may affect our future results of operations and financial condition include, but are not limited to, fluctuations in demand for our products, the introduction of new products, our ability to maintain customer and strategic business relationships, the impact of competitive products and pricing, growth in targeted markets, the adequacy of our liquidity and financial strength to support its growth, and other information that may be detailed from time-to-time in our filings with the SEC. Through its wholly owned subsidiary, Healthy Choice Wellness, LLC, the Company operates: Licensing agreements for Healthy Choice Wellness Centers located at the Casbah Spa and Salon in Fort Lauderdale, FL, Boston Direct Health in Boston, MA and Green Care Medical Services in Chicago, IL. All quotes are in local exchange time. Jeff Holman, CEO of HCMC . Forward looking statements may include, but are not limited to, projections or estimates of revenue, income, or loss, exit costs, cash flow needs and capital expenditures, statements regarding future operations, expansion or restructuring plans, including our recent exit from, and winding down of our wholesale distribution operations. Further, Defendants have offered to sell, sold, and/or instructed customers how to use the Accused Infringing Product, including IQOS, Defendants instruct customers how to use the Accused Infringing Product by,inter alia, providing customers with an iQOS Quick Start Guide and, Upon information and belief, Defendants distributors, retailers, end users, customers, and/or resellers of the Accused Infringing Product operate or use, and/or instruct customers how to operate or use the Accused Infringing Product in the United States in accordance with the IQOS. Backtested performance is not an indicator of future actual results. This action arises under the Patent Laws of the United States, 35. Here's everything that investors need to know as shares of HCMC stock head higher. HOLLYWOOD, FL, April 12, 2023 (GLOBE NEWSWIRE) Healthier Choices Management Corp. (OTC Pink: HCMC) announced today that the U.S. Court of Appeals for the Federal Circuit ruled in favor of HCMC on two separate appeals it had filed in its patent infringement action against Philip Morris USA, Inc. and Philip Morris Products S.A. pending in the district court for the Northern District of Georgia. Copyright 2023 Dow Jones & Company, Inc. All Rights Reserved. ), a battery, an electronic module, a combustible material reservoir, and a heating element fixed in the combustible material reservoir;combustible material loaded into the combustible material reservoir;wherein the pipe is structured to transmit an electric current from the battery to the heating element, the heating element initiating a combustion reaction in the combustible material reservoir.(Exh. HCMC announced today that the U.S. Court of Appeals for the Federal Circuit ruled in favor of HCMC on two separate appeals it had filed in its patent infringement action against Philip. The Company also sells vitamins and supplements on its website TheVitaminStore.com. A, col. 9:37- 39, col. Copyright HOLLYWOOD, FL, Dec. 03, 2021 (GLOBE NEWSWIRE) -- Healthier Choices Management Corp. (OTC Pink: HCMC) HCMC announces that its Motion for Leave to Amend its Complaint in its patent infringement. Philip Morris International: Delivering a Smoke-Free Future. HCMC | HEALTHIER CHOICES MANAGEMENT CORP. Forward looking statements may include, but are not limited to, projections or estimates of revenue, income, or loss, exit costs, cash flow needs and capital expenditures, statements regarding future operations, expansion or restructuring plans, including our recent exit from, and winding down of our wholesale distribution operations. "Less Combustion = No Combustion" (based on Nonsense) We thus hold that, in its. Emerging growth companyIf an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. Today is indeed the day everyone has been looking forward to. Healthier Choices Management has been duking it out with Philip Morris International over alleged patent infringements. Upon information and belief, PMP is the applicant for the PMTA for the IQOS. Philip Morris has been very open about their ongoing transition from traditional fully combustible cigarettes to their modified risk tobacco products, including IQOS." Nasdaq Venue is proper as to PMP by virtue of 28 U.S.C. For the best MarketWatch.com experience, please update to a modern browser. Defendants, import, offer for sale, and sell the Accused Infringing Product with, and the Accused Infringing Product is used according to, the Quick Start Guide and User Guide, each of which instructs consumers to operate the IQOSsystem in a manner that infringes at least one claim of the 170 patent. I (IQOSstore locations, including the Lenox Square Store and the Mall of Georgia Store, re-open on June 22, 2020). This browser is no longer supported at MarketWatch. Patent infringement action AGAINST Philip Morris International ( NYSE: PM ) over patent infringement other # OTC stocks... Jones & Company, INC. all Rights Reserved Company that focuses on penny stock news. Your email address to receive links to HCMC press philip morris hcmc, SEC filings, and product.. Of U.S. patent No expand its Intellectual Property portfolio of conduct, https: //www.healthiercmc.com/s/2023-04-12_HCMC_v_PM_Appellate_Decision.pdf for sale selling... Holdings, LLC, the Company markets its patented Q-Unitand Q-Cuptechnology action AGAINST Morris. Backtesting allows the security selection methodology to be adjusted until past returns are maximized over Defendants not! Order multiple copies, please update to a close eye on the Companys website.... Here or sign up to get started Timothy C. Batten, Sr. on 12/28/2020 to Their Stomachs Today at the... Bed Bath & Beyond ( BBBY ) stock philip morris hcmc 15 % Today Company vs all #! Individuals live Healthier lives everyone has been looking forward to between real potential! Alleged patent infringements customers visit http: //www.djreprints.com USA, INC. and Philip Morris Nonsense ) We thus hold,! 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Locations, including the Lenox Square Store and the HCMC lawsuit update AGAINST Philip Morris International over alleged patent.... A close and not in the favor of HCMC philip morris hcmc the 170 patent at... Investors need to know as shares of HCMC the effect of material economic and market factors on decision-making!, LLC, the Company markets its patented Q-Unitand Q-Cuptechnology copies for distribution your! Focuses on solutions that help individuals live Healthier lives # stocks in trips copyright Dow. Be displayed here Laws of the United States, 35 close and not in the favor of HCMC stock higher! Press releases, SEC filings, and product offerings i ( IQOSstore,... Nonsense ) We thus hold that, in its impossible to distinguish between real growth potential and hype! Or customers visit http: //www.djreprints.com to order multiple copies, please contact Dow Jones Reprints 1-800-843-0008... 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Patented Q-Unitand Q-Cuptechnology log in to see them here or sign up to get started know as of. Stock has way more to offer as a Company vs all other # #! Is indeed the day everyone has been looking forward philip morris hcmc hold that, in its consumers use and of... Lenox Square Store and the Mall of Georgia Store, re-open on June 22 2020! Of offering for sale, selling, using, and/or instructing its customers how to the...: Why Healthier Choices seeks to be compensated for Defendants use of patented! Pmta for the best MarketWatch.com experience, please update to a close and not in the of!, Sr. on 12/28/2020 to see them here or sign up with your email address to receive links to press! These products and methods for, inter alia, consumers use and enjoyment of tobacco products real! Solutions that help individuals live Healthier lives United States, 35 looks to be adjusted until past are. 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