ALJs

ALJ Bullock Terminates Investigation Based On Withdrawal Of Complaint In Certain Sintered Rare Earth Magnets (337-TA-855)

By Eric Schweibenz
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Jun
18
On June 13, 2013, Chief ALJ Charles E. Bullock issued Order No. 130 in Certain Sintered Rare Earth Magnets, Methods of Making Same and Products Containing Same (Inv. No. 337-TA-855).

According to the Order, Complainants Hitachi Metals, Ltd. and Hitachi Metals North Carolina, Ltd. (“Hitachi”) moved to terminate the investigation as to Respondents Beats Electronics, LLC, Bosch Security Systems, Inc., and Callaway Golf Co. (“Callaway”) (collectively, the “Remaining Respondents”) on the basis of withdrawal of the complaint.  Because all other respondents have either entered into settlement agreements with Hitachi or otherwise been terminated from the Investigation, Hitachi also moved for an initial determination terminating this Investigation in its entirety.  The Commission Investigative Staff (“OUII”) filed its response in support of the motion.  Callaway indicated that it did not oppose Hitachi’s motion and no other responses were received. 

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ALJ Essex Rules On Motions to Strike In Certain Optoelectronic Devices For Fiber Optic Communications (337-TA-860)

By Eric Schweibenz
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Jun
18
On June 12, 2013 ALJ Theodore R. Essex issued the public versions of Order No. 13 (dated April 23, 2013), Order No. 14 (dated May 29, 2013), and Order No. 15 (dated May 29, 2013) in Certain Optoelectronic Devices for Fiber Optic Communications, Components Thereof, and Products Containing Same (Inv. No. 337-TA-860).

By way of background, the investigation is based on a complaint and letters supplementing the complaint filed by Avago Technologies Fiber IP (Singapore) Pte. Ltd., Avago Technologies General IP (Singapore) Pte. Ltd., and Avago Technologies U.S. Inc. (collectively, “Avago”) alleging violation of Section 337 in the importation into the U.S. and sale of certain optoelectronic devices for fiber optic communications, components thereof, and products containing the same that infringe one or more claims of U.S. Patent Nos. 6,947,456 (“the ‘456 patent”) and 5,596,595 (“the ‘595 patent”).  See our September 26, 2012 post for more details.

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ALJ Gildea Rules On Motion To Strike And Preclude Evidence In Certain Wireless Consumer Electronics Devices (337-TA-853)

By Eric Schweibenz
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Jun
19
On June 3, 2013, ALJ E. James Gildea issued the public version of Order No. 43 (dated May 10, 2013) in Certain Wireless Consumer Electronics Devices and Components Thereof (Inv. No. 337-TA-853).

According to the Order, Respondent Barnes and Noble (“B&N”) moved to strike and preclude the use of documents that were produced by Complainants Technical Properties Limited LLC, Phoenix Digital Solutions LLC, and Patriot Scientific Corporation (collectively, “Complainants”) after the close of fact discovery.  Specifically, B&N sought to preclude: (1) documents produced by Complainants and third-party Texas Instruments after the close of fact discovery, and (2) documents produced by other Respondents that Complainants failed to disclose in its answers to B&N’s contention interrogatories.  B&N argued that Complainants have not demonstrated good cause as to why they should be permitted to rely on documents produced outside the period allowed for fact discovery.  B&N also alleged that Complainants’ answers to B&N’s contention interrogatories failed to cite any documents produced by other Respondents.

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ALJ Bullock Issues Supplemental Claim Construction Order in Certain Wiper Blades (337-TA-816)

By Eric Schweibenz
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Jun
20
On June 12, 2013, Chief ALJ Charles E. Bullock issued the public version of Order No. 69 (dated May 22, 2013) construing certain disputed terms in Certain Wiper Blades (Inv. No. 337-TA-816).

By way of background, the investigation is based on a complaint filed by Robert Bosch LLC (“Bosch”) alleging violation of Section 337 in the importation and sale of certain “flat” or “beam-type” wiper blade devices that infringe one or more claims of the asserted patents.  See our October 27, 2011 post for more details.  On August 31, 2012, a Markman order issued finding certain terms of the asserted patents indefininte.  Thus, the ALJ declined to construe all of the disputed terms contained within those claims.  Following these findings, as explained in our October 5, 2012 post, ALJ Bullock granted summary determination of invalidity and noninfringement as to certain of the remaining asserted claims.  The Commission determined to review these summary judgment orders and the claim constructions they turned upon resulting in a reversal of ALJ Bullock’s findings of indefiniteness.  See our April 29, 2013 post for more details.  Accordingly, Order No. 69 provides claim constructions for those limitations of U.S. Patent Nos. 6,836,926 (the ‘926 patent) and 6,973,698 (the ‘698 patent) not previously construed by ALJ Bullock in his original Markman order.

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ALJ Essex Terminates Investigation In Certain Reduced Folate Nutraceutical Products (337-TA-857)

By Eric Schweibenz
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Jun
20
On June 11, 2013, ALJ Theodore R. Essex issued Order Nos. 14 and 15 in Certain Reduced Folate Nutraceutical Products and L-Methylfolate Raw Ingredients Used Therein(Inv. No. 337-TA-857).

According to Order No. 14, Complainants South Alabama Medical Science Foundation, Merck & Cie, Nestle Health Science-Pamlab, Inc. and Camline LLC (collectively, “Complainants”) and Respondents Macoven Pharmaceuticals LLC (“Macoven”) and Viva Pharmaceutical, Inc. (“Viva”) filed a joint motion to terminate the investigation based upon a settlement agreement.  ALJ Essex granted the motion, agreeing that the terms of the settlement have no negative effect on the public health and welfare or competitive conditions in the U.S.

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ALJ Rogers Issues Public Version Of Initial Determination In Certain Digital Models, Digital Data, And Treatment Plans For Use, In Making Incremental Dental Positioning Adjustment Appliances Made Therefrom (337-TA-833)

By Eric Schweibenz
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Jun
24
Further to our May 8, 2013 post, on June 14, 2013, ALJ Robert K. Rogers, Jr. issued the public version of the Initial Determination (“ID,” dated May 6, 2013) finding a violation of Section 337 in Certain Digital Models, Digital Data, and Treatment Plans for Use, in Making Incremental Dental Positioning Adjustment Appliances Made Therefrom, and Methods of Making the Same(Inv. No. 337-TA-833).  Due to its size, we have split the 815 page ID in thirteen parts here:  part 1, part 2, part 3, part 4, part 5, part 6, part 7, part 8, part 9, part 10, part 11, part 12, and part 13.

By way of background, the International Trade Commission instituted this investigation on March 20, 2012 based on a complaint filed by Complainant Align Technology, Inc. (“Align”).  In the Complaint, Align alleged that Respondents ClearCorrect Operating, LLC and ClearCorrect Pakistan (Private), Ltd. (collectively, “Respondents”) violated Section 337 in the importation into the U.S. and sale of certain digital models, digital data, or treatment plans for use in making incremental dental positioning adjustment appliances that infringe—or are made, produced, or processed by means of a process that infringes—one or more claims of U.S. Patent Nos. 6,217,325 (the ‘325 patent), 6,705,863 (the ‘863 patent), 6,626,666 (the ‘666 patent), 8,070,487 (the ‘487 patent), 6,471,511 (the ‘511 patent), 6,722,880 (the ‘880 patent), and 7,134,874 (the ‘874 patent) (collectively, the “asserted patents”).  See our March 2, 2012 post for more details on the complaint.

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ALJ Rogers Terminates Investigation In Certain Radio Frequency Identification (“RFID”) Products (337-TA-875)

By Eric Schweibenz
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Jun
26
On June 19, 2013, ALJ Robert K. Rogers, Jr. issued Order No. 8 in Certain Radio Frequency Identification (“RFID”) Products and Components Thereof (Inv. No. 337-TA-875). 

According to the Order, Complainant Neology, Inc. and Respondents Federal Signal Corporation, Federal Signal Technologies, LLC, Sirit Corp., and 3M Company filed a joint motion to terminate the investigation based upon a settlement agreement.  ALJ Rogers granted the motion and terminated the investigation in its entirety, agreeing that the terms of the settlement have no negative effect on the public health and welfare or competitive conditions in the U.S.

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ALJ Essex Grants Motion To Terminate Investigation As To Dell In Certain Computers and Computer Peripheral Devices (337-TA-841)

By Eric Schweibenz
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Jun
26
On June 19, 2013, ALJ Theodore R. Essex issued Order No. 46 in Certain Computers and Computer Peripheral Devices and Components Thereof and Products Containing the Same (Inv. No. 337-TA-841).

In the Order, ALJ Essex granted a joint motion filed by Complainant Technology Properties Limited LLC and Respondent Dell Inc. (“Dell”) to terminate the investigation as to Dell based on a settlement agreement. 

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ALJ Essex Denies Respondents’ Motion To Compel Privileged Documents In Certain Optoelectronic Devices For Fiber Optic Communications (337-TA-860)

By Eric Schweibenz
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Jun
27
On June 12, 2013, ALJ Theodore R. Essex issued the public version of Order No. 12 (dated April 17, 2013) in Certain Optoelectronic Devices for Fiber Optic Communications, Components Thereof, and Products Containing Same (Inv. No. 337-TA-860).

According to the Order, Respondents filed a joint motion to compel Complainants Avago Technologies General IP (Singapore) Pte. Ltd. and Avago Technologies U.S. Inc. (collectively, “Avago”) to produce all communications involving non-party Agilent Technologies, Inc. (“Agilent”) that have been withheld from production on the basis of attorney-client privilege.  The documents at issue all relate to the patents-at-issue, but were created while the asserted patents were owned by Agilent.  Respondents argued that the decision in Certain Hardware Logic Emulation Systems and Components Thereof, Inv. No. 337-TA-383, Order No. 25 (April 17, 1996) (“Hardware Logic Emulation Systems”) dictates that the transfer of documents from Agilent to Avago waived the attorney-client privilege.  According to Respondents, Hardware Logic Emulation Systems held that transferring a part of a corporation was insufficient to transfer attorney-client privilege if the part of the corporation transferred was merely a group of assets.  Therefore, Respondents argued that attorney-client privilege was waived because Avago only conducted an asset purchase from Agilent. 

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ALJ Rogers Issues Notice Of Initial Determination Finding Violation Of Section 337 In Certain Rubber Resins (337-TA-849)

By Eric Schweibenz
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Jun
28
On June 17, 2013, ALJ Robert K. Rogers, Jr. issued a notice regarding his Initial Determination (“ID”) on violation of Section 337 and Recommended Determination (“RD”) on remedy and bond in Certain Rubber Resins and Processes for Manufacturing Same (Inv. No. 337-TA-849).

By way of background, this investigation is based on a May 21, 2012 complaint filed by SI Group, Inc. alleging violation of Section 337 in the importation into the U.S. and sale of certain rubber resins made using misappropriated SI Group trade secrets.  See our June 22, 2012 post for more details on this investigation.

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ALJ Shaw Grants Motion To Terminate Investigation In Certain Compact Fluorescent Reflector Lamps (337-TA-872)

By Eric Schweibenz
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Jun
28
On June 11, 2013, ALJ David P. Shaw issued Order No. 20 in Certain Compact Fluorescent Reflector Lamps, Products Containing Same and Components Thereof (Inv. No. 337-TA-872).

According to the Order, Complainants Neptun Light Inc. and Andrezj Bobel and Respondent Technical Consumer Products, Inc. (“TCP”) filed a motion to terminate the investigation based on a settlement agreement.  ALJ Shaw granted the motion and terminated the investigation as to TCP, agreeing that the terms of the settlement have no negative effect on the public health and welfare or competitive conditions in the U.S.  

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ALJ Bullock Terminates Investigation Based On Settlement Agreement In Certain Sintered Rare Earth Magnets (337-TA-855)

By Eric Schweibenz
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Jun
28
On June 10, 2013, Chief ALJ Charles E. Bullock issued Order No. 129 in Certain Sintered Rare Earth Magnets, Methods of Making Same and Products Containing Same (Inv. No. 337-TA-855).

According to the Order, Complainants Hitachi Metals, Ltd. and Hitachi Metals North Carolina, Ltd. (“Hitachi”) and Respondent Bunting Magnetics Co. (“Bunting”) filed a joint motion to terminate the investigation based on a settlement agreement between Hitachi and Bunting.  The Commission Investigative Staff supported the joint motion.  ALJ Bullock granted the motion, agreeing that the terms of the settlement have no negative effect on the public health and welfare or competitive conditions in the U.S.

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ALJ Gildea Sets 16-Month Target Date In Certain Consumer Electronics With Display And Processing Capabilities (337-TA-884)

By Eric Schweibenz
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Jul
01
Further to our June 24, 2013 post, on June 27, 2013, ALJ E. James Gildea issued Order No. 2 in Certain Consumer Electronics With Display And Processing Capabilities(Inv. No. 337-TA-884).

According to the Order, ALJ Gildea set October 27, 2014 as the target date (which is approximately 16 months after institution of the investigation).  ALJ Gildea further indicated that the initial determination on alleged violation shall be due on June 27, 2014.
In addition, ALJ Gildea directed the parties to submit discovery statements and proposed procedural schedules by July 22, 2013.  ALJ Gildea also determined that the evidentiary hearing in this matter will commence on March 18, 2014.

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ALJ Essex Grants-In-Part Motion To Quash Subpoena In Certain Products Having Laminated Packaging (337-TA-874)

By Eric Schweibenz
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Jul
01
On June 12, 2013 ALJ Theodore R. Essex issued the public version of Order No. 9 (dated May 1, 2013) granting-in-part non-party Atlas Holdings LLC’s (“Atlas”) motion to quash multiple subpoenas filed by Respondents in Certain Products Having Laminated Packaging, Laminated Packaging, and Components Thereof (Inv. No. 337-TA-874).

By way of background, the investigation is based on a complaint and amended complaint filed by Lamina Packaging Innovations LLC (“Lamina”) alleging violation of Section 337 in the importation into the U.S. and sale of certain products having laminated packaging, laminated packaging and components thereof that infringe one or more claims of U.S. Patent Nos. 6,207,242 and 7,348,067.  See our February 21, 2013 and March 25, 2013 posts for more details on Lamina's complaint and the ITC's notice of investigation.

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ALJ Shaw Issues Notice Of Initial Determination In Certain Wireless Devices With 3G Capabilities (337-TA-800)

By Eric Schweibenz
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Jul
02
On June 28, 2013, ALJ David P. Shaw issued a notice regarding the Initial Determination (“ID”) in Certain Wireless Devices With 3G Capabilities and Components Thereof(Inv. No. 337-TA-800).

By way of background, this investigation is based on a July 26, 2011 complaint filed on behalf of InterDigital Communications, LLC, InterDigital Technology Corporation, and IPR Licensing (collectively, “InterDigital”) alleging violation of Section 337 by Respondents Huawei Technologies Co., Ltd., FutureWei Technologies, Inc. d/b/a Huawei Technologies (USA),  ZTE Corp., ZTE (USA) Inc., and Nokia (collectively, the “Respondents”) in the importation into the U.S. and sale of certain wireless devices with 3G capabilities and components thereof that infringe one or more claims of U.S. Patent Nos. 7,349,540 (the ‘540 patent); 7,502,406 (the ‘406 patent); 7,536,013 (the ‘013 patent); 7,616,970 (the ‘970 patent); 7,706,332 (the ‘332 patent); 7,706,830 (the ‘830 patent); and 7,970,127 (the ‘127 patent).  See our August 29, 2011 post for more details on this investigation.

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ALJ Gildea Grants Motion To Compel In Certain Microelectromechanical Systems (“MEMS Devices”) (337-TA-876)

By Eric Schweibenz
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Jul
03
On June 21, 2013, ALJ E. James Gildea issued the public version of Order No. 7 (dated June 18, 2013) in Certain Microelectromechanical Systems (“MEMS Devices”) and Products Containing the Same(Inv. No. 337-TA-876).  In the Order, ALJ Gildea granted-in-part Complainant STMicroelectronics, Inc.’s (“STM”) motion to compel Respondent InvenSense, Inc. (“InvenSense”) to produce documents and a privilege log.

According to the Order, in its motion, STM argued that InvenSense had “not produced a single document” and had withheld its privilege log even though it agreed to produce documents in response to requests for production.  Thus, STM sought to compel InvenSense to produce documents responsive to its Requests for Production.  InvenSense opposed the motion, arguing that it was filed in violation of the Ground Rules, and was baseless, premature, and moot because it had produced some documents and would produce more.  Moreover, InvenSense argued, that STM failed to properly signal that there was an “impasse” and had not produced any significant amount of documents themselves.  STM later withdrew the privilege log portion of its motion based on a stipulation between the parties.

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ALJ Essex Issues Early Initial Determination Finding No Domestic Industry In Certain Products Having Laminated Packaging (337-TA-874)

By Eric Schweibenz
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Jul
05
On July 5, 2013, ALJ Theodore R. Essex issued a notice Regarding the Initial Determination  (“ID”) on the Economic Prong of the Domestic Industry Requirement in Certain Products Having Laminated Packaging, Laminated Packaging, and Components Thereof(Inv. No. 337-TA-874).

By way of background, the investigation is based on a complaint and amended complaint filed by Lamina Packaging Innovations LLC (“Lamina”) alleging violation of Section 337 in the importation into the U.S. and sale of certain products having laminated packaging, laminated packaging and components thereof that infringe one or more claims of U.S. Patent Nos. 6,207,242 and 7,348,067.  See our February 21, 2013 and March 25, 2013 posts for more details on Lamina’s complaint and the ITC’s notice of investigation.

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ALJ Shaw Denies Motion To Quash And Motion To Compel In Certain Compact Fluorescent Reflector Lamps (337-TA-872)

By Eric Schweibenz
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Jul
08
On July 2, 2013, ALJ David P. Shaw issued Order No. 22 in Certain Compact Fluorescent Reflector Lamps, Products Containing Same and Components Thereof(Inv. No. 337-TA-872).

By way of background, the investigation is based on a complaint filed by Andrzej Bobel and Neptun Light, Inc. (collectively, “Neptun”) alleging violation of Section 337 in the importation into the U.S. and sale of certain compact fluorescent reflector lamps (“reflector CFLs”) and products and components containing same that infringe one or more claims of U.S. Patent No. 7,053,540.  See our January 30, 2013 post for more details on the complaint.

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ALJ Pender Denies Motion To Quash In Certain Cases For Portable Electronic Devices (337-TA-861/867)

By Eric Schweibenz
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Jul
08
On June 28, 2013, ALJ Thomas B. Pender issued Order No. 12 in Certain Cases for Portable Electronic Devices(Inv. No. 337-TA-861/867).  In the Order, ALJ Pender denied Respondent Fellowes, Inc.’s (“Fellowes”) motion to quash Complainant Speculative Product Design, LLC’s (“Speck”) subpoenas to certain non-parties.

According to the Order, ALJ Pender found that Fellowes’s motion failed to comply with the ALJ’s Ground Rules for the investigation.  In particular, the motion violated Ground Rule 5.1.1 (requiring a separate memorandum and appendix for motions longer than 5 pages), Ground Rule 5.1.2 (requiring a certification that the moving party informed the other parties of its intent to file the motion and made good faith efforts to contact the other parties and resolve the matter at least 2 business days prior to filing the motion), Ground Rule 5.4.1 (requiring an intensive good faith effort to resolve the discovery dispute without intervention by the ALJ), and Ground Rule 5.4.2 (requiring that the moving party contact the ALJ’s attorney-advisor to schedule a teleconference with the ALJ in an attempt to resolve the discovery dispute).  Accordingly, ALJ Pender found that “[a]s a party to this Investigation, there is no excuse for Fellows’ failure to comply with my Ground Rules,” and denied Fellowes’s motion on that basis.

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ALJ Pender Issues Claim Construction Order In Certain Cases For Portable Electronic Devices (337-TA-861/867)

By Eric Schweibenz
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Jul
09
On July 8, 2013, ALJ Thomas B. Pender issued Order No. 13 in Certain Cases for Portable Electronic Devices (Inv. No. 337-TA-861/867).  In the Order, ALJ Pender construed various claim terms in the asserted U.S. Patent No. 8,204,561 (the ‘561 patent).

By way of background, the Complainant in this investigation is Speculative Product Design, LLC (“Speck”) and the Respondents are Anbess Electronics Co. Ltd., BodyGlove International, LLC (“BodyGlove”), Fellowes, Inc. (“Fellowes”), ROCON Digital Technology Corp., SW-Box.com, Trait Technology (Shenzhen) Co., Ltd., Hongkong Wexun Ltd., En Jinn Industrial Co. Ltd., Shengda Huanqiu Shijie, Global Digital Star Industry, Ltd., JWIN Electronics Corp. d/b/a iLuv, Project Horizon, Inc. d/b/a InMotion Entertainment, Superior Communications, Inc. d/b/a PureGear (“Superior”), and Jie Sheng Technology.  The Commission Investigative Staff (“OUII”) is also a party to the investigation.  A Markman hearing was held on May 13, 2013.  The Order states that Speck, Fellowes, BodyGlove, Superior, and OUII participated in the hearing and submitted briefing on the disputed claim terms.

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