McRo Inc. v. Codemasters Inc. et al
| McRO Inc doing business as Planet Blue |
| Codemasters Inc. and Codemasters Software Company Limited |
| McRO Inc |
| 2:2014cv00439 |
| January 21, 2014 |
| US District Court for the Central District of California |
| Frederick F Mumm |
| George H Wu |
| Patent |
| 35 U.S.C. § 271 |
| Plaintiff |
Docket Report
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Filing 61
ORDER GRANTING STIPULATION AND JOINT MOTION TO DISMISS by Judge George H. Wu, re Joint NOTICE OF MOTION AND MOTION to Dismiss Case #60 . (mrgo)
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| Filing 60 Joint NOTICE OF MOTION AND MOTION to Dismiss Case filed by Plaintiff McRO Inc. (Attachments: #1 Proposed Order) (Raskin, Mark) |
| Filing 59 MANDATE of Federal Circuit Court of Appeals filed re: #52 NOTICE OF APPEAL to the Federal Circuit CCA # 15-1101. In accordance with the judgment of this Court, entered September 13, 2016, and pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure, the formal mandate is hereby issued. [See USCA Opinion #58 REVERSED AND REMANDED] (mat) |
| Filing 58 OPINION from Federal Circuit Court of Appeals filed. CCA # 2015-1101. The decision of the District Court is REVERSED AND REMANDED.(mat) |
| Filing 57 Federal Circuit Form 22 filed by Plaintiff McRO Inc (Raskin, Mark) |
| Filing 56 FINAL JUDGMENT by Judge George H. Wu, Accordingly, it is ADJUDGED that Plaintiff and Counterclaim-Defendant McRo, Inc., d.b.a. Planet Blue ("Plaintiff') takes nothing from Defendants and Counterclaim-Plaintiffs (SEE ATTACHED FOR FURTHER DETAILS) All remaining pending motions are DENIED as moot. As Defendants are the prevailing parties in this action, Defendants' costs of court shall be taxed against Plaintiff. (pj) |
| Filing 54 OBJECTIONS to REQUEST for Judgment #53 filed by Plaintiff McRO Inc. (Attachments: #1 Proposed Order)(Raskin, Mark) |
| Filing 53 REQUEST for Judgment filed by Defendants Codemasters Inc., Codemasters Software Company Limited. (Attachments: #1 Proposed Order)(Kirsch, Kevin) |
| Filing 55 NOTIFICATION by Circuit Court of Appellate Docket Number 15-1101, Federal Circuit regarding Notice of Appeal to Federal Circuit Court of Appeals #52 as to Plaintiff McRO Inc. (mat) |
| TRANSMISSION of the Notice of Appeal, Docket Sheet, Judgment and or order e-mailed to the US Court of Appeals for the Federal Circuit re: Notice of Appeal to Federal Circuit Court of Appeals #52 . (mat) |
| Filing 52 NOTICE OF APPEAL to the Federal Circuit filed by Plaintiff McRO Inc. Appeal of Judgment, #50 (Appeal fee of $505 receipt number 0973-14662639 paid.) (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Raskin, Mark) |
| Filing 51 REPORT ON THE DETERMINATION OF AN ACTION Regarding a Patent or Trademark. (Closing) (Attachments: #1 COPY OF JUDGMENT) (pj) |
| Filing 50 RULING ON DEFENDANTS MOTION FOR JUDGMENT ON THE PLEADINGS BASED ON UNPATENTABILITY UNDER 35 U.S.C. SECTION 101 by Judge George H. Wu. For the foregoing reasons, the Court would GRANT the Motion, and hold 576 Patent claims 1, 7-9, and 13, and 278 Patent claims 1-4, 6, 9, 13, and 15-17 invalid Under 35 U.S.C. Section 101. (MD JS-6, Case Terminated). (pj) |
| Filing 49 MINUTES OF Status Conference held before Judge George H. Wu: The Court's Tentative Ruling re Defendants' Motion for Judgment on the Pleadings Based onUnpatentability Under 35 U.S.C. Section 101, in McRO, Inc., v. Namco Bandai Games America, Inc., CV 12- 10322-GW(FFMx), is circulated and attached hereto. Court hears oral argument. For reasons stated on the record, Defendants' motion is TAKEN UNDER SUBMISSION. Court to issue its ruling.Court Reporter: Katie Thibideaux. (pj) |
| Filing 48 TEXT ONLY ENTRY (IN CHAMBERS): by Judge George H. Wu; Pursuant to the request of defense counsel, the Status Conference previously scheduled for 09/04/2014 is CONTINUED to 9/18/2014 08:30 AM before Judge George H. Wu.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY |
| Filing 47 **AMENDED** TEXT ONLY ENTRY 46 (IN CHAMBERS): by Judge George H. Wu; The Court, on its own motion, CONTINUES the Status Conference, previously scheduled for 8/14/2014 to 9/4/2014 at 08:30 AM before Judge George H. Wu. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY |
| Filing 46 TEXT ONLY ENTRY (IN CHAMBERS): by Judge George H. Wu; The Court, on its own motion, CONTINUES the Status Conference previously scheduled for 8/14/2014 to 8/21/2014 at 08:30 AM before Judge George H. WuTHERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY |
| Filing 45 MINUTES OF STATUS CONFERENCE held before Judge George H. Wu. Court and counsel confer. Parties will meet and confer re scheduling and possible consolidation of Track 2 cases with Track 1 cases. The status conference is continued to August 14, 2014 at 8:30 a.m. Joint status report re scheduling will be filed by noon on August 12, 2014. Court Reporter: Katie Thibodeaux. (lom) |
| Filing 44 STATUS REPORT Joint filed by Plaintiff McRO Inc. (Raskin, Mark) |
| Filing 43 NOTICE OF DENIAL OF PETITIONS FOR INTER PARTES REVIEW filed by PLAINTIFF McRO Inc. (Attachments: #1 Exhibit A, #2 Exhibit B)(Raskin, Mark) |
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Filing 42
PROTECTIVE ORDER GOVERNING THE DESIGNATION AND HANDLING OF CONFIDENTIAL MATERIALS by Magistrate Judge Frederick F. Mumm re Notice (Other) #41 : (see attached) (jm)
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| Filing 41 NOTICE OF MOTION AND Joint MOTION for Protective Order for Handling of Confidential Information filed by Plaintiff McRO Inc. (Attachments: #1 Proposed Order Proposed Protective Order)(Raskin, Mark) |
| Filing 40 MINUTES OF Status Conference held before Judge George H. Wu: Markman hearing held in Track 1 Consolidated Cases (Lead Case McRO, Inc. v. Namco Bandai Games America, Inc., CV 12-10322-GW(FFMx)). For reasons stated on the record, the status conference is continued to June 30, 2014 at 8:30 a.m.Court Reporter: Katie Thibodeaux. (pj) |
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Filing 39
ORDER ONREQUEST FOR APPROVAL OFSUBSTITUTION OF ATTORNEY by Judge George H. Wu: granting #38 Request to Substitute Attorney Kevin W. Kirsch instead of Attorney Whitney W Deeney and James Darlington Taylor, Jr terminated (pj)
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| Filing 38 REQUEST to Substitute attorney Kevin W. Kirsch in place of attorney Whitney W. Deeney and James Darlington Taylor, Jr. filed by Defendant Codemasters Inc., Codemasters Software Company Limited. Request set for hearing on 3/17/2014 at 08:30 AM before Judge George H. Wu. (Attachments: #1 Proposed Order)(Attorney Kevin W Kirsch added to party Codemasters Inc.(pty:cc), Attorney Kevin W Kirsch added to party Codemasters Software Company Limited(pty:cc))(Kirsch, Kevin) |
| Filing 37 MINUTES OF Telephone Conference held before Judge George H. Wu: Court and counsel confer re discovery issues. The Court, as indicated on the record, allows the Track Two cases to propound discovery within 45 days of receipt of discovery requests and interrogatories. Plaintiff Planet Blue will also provide Track Two cases with Track One discovery within two weeks from the date of this order. The status conference is continued to April 28, 2014 at 8:30 a.m. Court Reporter: Katie Thibedeaux. (bp) |
| Filing 36 STATUS REPORT JOINT filed by Plaintiff McRO Inc. (Raskin, Mark) |
| Filing 34 NOTICE TELEPHONIC APPEARANCE AT THE FEBRUARY 24, 2014 HEARING filed by Plaintiff McRO Inc. (Raskin, Mark) |
| Filing 35 MINUTES OF Status Conference held before Judge George H. Wu:, The Courts Tentative Position re Scheduling, Markman Hearing, and Discovery, is circulated. Partieswill confer and file a proposed schedule and objections to the consolidation of Track 2 Cases by noon on February 20, 2014. The status conference is continued to February 24, 2014 at 8:30 a.m. Parties may appear telephonically, provided that notice is given to the clerk at least two business days prior to the hearing. Court Reporter: Katie Thibodeaux. (pj) |
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Filing 33
ORDER by Judge George H. Wu: granting #30 Application to Appear Pro Hac Vice by Attorney Jared A. Brandyberry on behalf of Defendants for Codemasters Inc. and for Codemasters Software Company Limited, designating Lisa I. Damji as local counsel. (lt)
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| Filing 32 NOTICE OF TELEPHONIC APPEARANCE FOR MARK S. RASKIN AT THE FEBRUARY 13, 2014 HEARING filed by Plaintiff McRO Inc. (Raskin, Mark) |
| Filing 31 STATUS REPORT JOINT filed by Plaintiff McRO Inc. (Raskin, Mark) |
| Filing 30 First APPLICATION for attorney Jared Alan Brandyberry to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-13349326 paid.) filed by Defendant Codemasters Inc., Codemasters Software Company Limited. (Attachments: #1 Exhibit Certificate of Good Standing Jared Alan Brandyberry from The Supreme Court of Ohio, #2 Exhibit Certificate of Good Standing for Jared Alan Brandyberry from the Supreme Court of Colorado, #3 Proposed Order (Proposed) Order)(Attorney Lisa I Damji added to party Codemasters Inc.(pty:dft), Attorney Lisa I Damji added to party Codemasters Software Company Limited(pty:dft))(Damji, Lisa) |
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Filing 29
MINUTE ORDER IN CHAMBERS by Judge George H. Wu: This action has been reassigned to the HONORABLE GEORGE H. WU, United States District Judge and the Honorable Frederick F. Mumm, United States Magistrate Judge. Please substitute the initials GW in place of the initials GHK. The case number will now read: CV 14-439-GW(FFMx).A Status Conference re consolidation into McRO, Inc. v. Namco Bandai Games America, Inc., CV 12- 10322-GW(FFMx), is set for February 13, 2014 at 8:30 a.m. Parties will meet and confer and within five days file a joint status report as to said consolidation. Additionally, Parties may appear telephonically provided that notice is given to the clerk by February 11, 2014. (lc)
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| Filing 28 Standing Order Re Final Pre-Trial Conferences for Civil Jury Trials Before Judge George H. Wu. 1. You are instructed to read and to follow (unless otherwise superseded herein) the Central District of California Local Rules (henceforth Local Rules) 16-1 through 16-15 regarding pre-trial requirements. (See order for details.) (kti) |
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Filing 27
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 08-05 -Related Case- filed. Related Case No: CV 12-10322 GW(FFMx. Case transferred from Judge George H. King and Magistrate Judge Margaret A. Nagle to Judge George H. Wu and Magistrate Judge Frederick F. Mumm for all further proceedings. The case number will now reflect the initials of the transferee Judge CV 14-00439 GW(FFMx). Signed by Judge George H. Wu (rn)
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| Filing 26 NOTICE of Related Case(s) filed by Plaintiff McRO Inc. Related Case(s): 14-cv-00389, 14-cv-00336, 14-cv-00352, 14-cv-00358, 14-cv-00383, 14-cv-00332, 14-cv-00417, 13-cv-01870, 13-cv-01871, 13-cv-01872, 13-cv-01873, 13-cv-01874, Lead Case 12-cv-10322, consolidated with 12-cv-10323, 12-cv-10326, 12-cv-10327, 12-cv-10329, 12-cv-10331, 12-cv-10333, 12-cv-10335, 12-cv-10336, 12-cv-10337, 12-cv-10338, 12-cv-10340, 12-cv-10341, 12-cv-10342, 12-cv-10344 and 12-cv-10345 (Raskin, Mark) |
| Filing 25 NOTICE of Appearance filed by attorney Kevin W Kirsch on behalf of Defendants Codemasters Inc., Codemasters Software Company Limited (Attorney Kevin W Kirsch added to party Codemasters Inc.(pty:dft), Attorney Kevin W Kirsch added to party Codemasters Software Company Limited(pty:dft))(Kirsch, Kevin) |
| Filing 24 NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to attorney James Darlington Taylor, Jr for Counter Claimants Codemasters Inc., Codemasters Software Company Limited, Defendants Codemasters Inc., Codemasters Software Company Limited. Pro Hac Vice application has not been received by the court. Please return your completed Application of Non-Resident Attorney to Appear in a Specific Case, form G-64, or a copy of the Notice of Electronic Filing of your application and the $325.00 fee and this notice immediately. Out-of-state federal government attorneys who are not employed by the U.S. Department of Justice are required to file a Pro Hac Vice application;no filing fee is required. (et) |
| Filing 23 NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to attorney Whitney W Deeney for Counter Claimants Codemasters Inc., Codemasters Software Company Limited, Defendants Codemasters Inc., Codemasters Software Company Limited. Pro Hac Vice application has not been received by the court. Please return your completed Application of Non-Resident Attorney to Appear in a Specific Case, form G-64, or a copy of the Notice of Electronic Filing of your application and the $325.00 fee and this notice immediately. Out-of-state federal government attorneys who are not employed by the U.S. Department of Justice are required to file a Pro Hac Vice application;no filing fee is required. (et) |
| Filing 22 NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to attorney Michael J Farnan for Counter Defendants McRO Inc, McRO Inc, Plaintiff McRO Inc. Pro Hac Vice application has not been received by the court. Please return your completed Application of Non-Resident Attorney to Appear in a Specific Case, form G-64, or a copy of the Notice of Electronic Filing of your application and the $325.00 fee and this notice immediately. Out-of-state federal government attorneys who are not employed by the U.S. Department of Justice are required to file a Pro Hac Vice application;no filing fee is required. (et) |
| Filing 21 NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to attorney Mark S Raskin for Counter Defendants McRO Inc, McRO Inc, Plaintiff McRO Inc. Pro Hac Vice application has not been received by the court. Please return your completed Application of Non-Resident Attorney to Appear in a Specific Case, form G-64, or a copy of the Notice of Electronic Filing of your application and the $325.00 fee and this notice immediately. Out-of-state federal government attorneys who are not employed by the U.S. Department of Justice are required to file a Pro Hac Vice application;no filing fee is required. (et) |
| Filing 20 NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to attorney Brian E Farnan for Counter Defendants McRO Inc, McRO Inc, Plaintiff McRO Inc. Pro Hac Vice application has not been received by the court. Please return your completed Application of Non-Resident Attorney to Appear in a Specific Case, form G-64, or a copy of the Notice of Electronic Filing of your application and the $325.00 fee and this notice immediately. Out-of-state federal government attorneys who are not employed by the U.S. Department of Justice are required to file a Pro Hac Vice application;no filing fee is required. (et) |
| Filing 19 NOTICE OF RECEIPT OF CASE TRANSFERRED-IN: Formerly Case Number: 1:13-cv-01756-LPS-CJB from USDC District of Delaware (Wilmington). The above-referenced case has been transferred to this district and assigned the above civil case number 2:14-00439 GHK (MANx). (Attachments: #1 CV 18 Notice of Assignment to United States Judges)(et) |
| Filing 18 ORIGINAL file, certified copy of transfer order and docket sheet received from Delaware |
| Case electronically transferred to Central District of California. (ntl) [Transferred from Delaware on 1/21/2014.] |
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SO ORDERED D.I. #11 MOTION for Pro Hac Vice Appearance of Attorney David A. Mancino filed by Codemasters Software Company Limited, Codemasters Inc., D.I. #12 MOTION for Pro Hac Vice Appearance of Attorney John F. Bennett filed by Codemasters Software Company Limited, Codemasters Inc., D.I. #10 MOTION for Pro Hac Vice Appearance of Attorney Kevin W. Kirsch filed by Codemasters Software Company Limited, Codemasters Inc.. Ordered by Judge Christopher J. Burke on 1/7/2013. (dlk) [Transferred from Delaware on 1/21/2014.]
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Filing 17
SO ORDERED, re #16 Stipulation and Order that this action is transferred to the United States District Court for the Central District of California. Signed by Judge Leonard P. Stark on 1/6/14. (ntl) [Transferred from Delaware on 1/21/2014.]
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| Filing 16 STIPULATION to Transfer Case to the Central District of California by McRo Inc.. (Farnan, Brian) [Transferred from Delaware on 1/21/2014.] |
| Filing 15 ANSWER to #9 Answer to Complaint, Counterclaim of The Codemasters Software Company Limited by McRo Inc..(Farnan, Brian) [Transferred from Delaware on 1/21/2014.] |
| Filing 14 ANSWER to #7 Answer to Complaint, Counterclaim of Codemasters, Inc. by McRo Inc..(Farnan, Brian) [Transferred from Delaware on 1/21/2014.] |
| Filing 13 AFFIDAVIT of Service for Complaint served on Steve Jones, Credit Controller of The Codemasters Software Company Limited on 11/5/2013, filed by McRo Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Farnan, Brian) [Transferred from Delaware on 1/21/2014.] |
| Filing 12 MOTION for Pro Hac Vice Appearance of Attorney John F. Bennett - filed by Codemasters Inc., Codemasters Software Company Limited. (Attachments: #1 Certification, #2 Proposed Order)Motions referred to Christopher J. Burke.(Deeney, Whitney) [Transferred from Delaware on 1/21/2014.] |
| Filing 11 MOTION for Pro Hac Vice Appearance of Attorney David A. Mancino - filed by Codemasters Inc., Codemasters Software Company Limited. (Attachments: #1 Certification, #2 Proposed Order)Motions referred to Christopher J. Burke.(Deeney, Whitney) [Transferred from Delaware on 1/21/2014.] |
| Filing 10 MOTION for Pro Hac Vice Appearance of Attorney Kevin W. Kirsch - filed by Codemasters Inc., Codemasters Software Company Limited. (Attachments: #1 Certification, #2 Proposed Order)Motions referred to Christopher J. Burke.(Deeney, Whitney) [Transferred from Delaware on 1/21/2014.] |
| Filing 9 ANSWER to #1 Complaint, with Jury Demand , COUNTERCLAIM against McRo Inc. by Codemasters Software Company Limited.(Taylor, James) [Transferred from Delaware on 1/21/2014.] |
| Filing 8 Disclosure Statement pursuant to Rule 7.1 filed by Codemasters Inc. identifying Corporate Parent Codemasters USA Group, Inc. for Codemasters Inc., Codemasters Inc... (Deeney, Whitney) [Transferred from Delaware on 1/21/2014.] |
| Filing 7 ANSWER to #1 Complaint, with Jury Demand and Affirmative Defenses of Codemasters, Inc., COUNTERCLAIM against McRo Inc. by Codemasters Inc..(Deeney, Whitney) [Transferred from Delaware on 1/21/2014.] |
| Pro Hac Vice Attorney Mark S. Raskin for McRo Inc. added for electronic noticing. (els) [Transferred from Delaware on 1/21/2014.] |
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Filing 6
ORAL ORDER REFERRING CASE to Magistrate Judge Christopher J. Burke: IT IS HEREBY ORDERED that the above captioned case is referred to Magistrate Judge Christopher J. Burke to hear and resolve all pretrial matters, up to and including the resolution of case-dispositive motions, subject to 28 U.S.C. 636(b) and any further Order of the Court; all subsequent filings in this action shall be captioned as follows: Civil Action No. 13-1756-LPS-CJB. ORDERED by Judge Leonard P. Stark on 11/4/13. (ntl) [Transferred from Delaware on 1/21/2014.]
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SO ORDERED, re #5 MOTION for Pro Hac Vice Appearance of Attorney Mark S. Raskin filed by McRo Inc. Signed by Judge Leonard P. Stark on 11/1/13. (ntl) [Transferred from Delaware on 1/21/2014.]
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| Filing 5 MOTION for Pro Hac Vice Appearance of Attorney Mark S. Raskin - filed by McRo Inc.. (Farnan, Brian) [Transferred from Delaware on 1/21/2014.] |
| Case Assigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. (rjb) [Transferred from Delaware on 1/21/2014.] |
| Filing 4 SUMMONS Returned Executed by McRo Inc.. Codemasters Inc. served on 10/28/2013, answer due 11/18/2013. (Farnan, Brian) [Transferred from Delaware on 1/21/2014.] |
| Summons Issued with Magistrate Consent Notice attached as to Codemasters Software Company Limited on 10/29/2013. (rwc) [Transferred from Delaware on 1/21/2014.] |
| Summons Issued with Magistrate Consent Notice attached as to Codemasters Inc. on 10/28/2013. Requesting party or attorney should pick up issued summons at the Help Desk, Room 4209, or call 302-573-6170 and ask the Clerk to mail the summons to them. (els) [Transferred from Delaware on 1/21/2014.] |
| Filing 3 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) US 6,307,576 B1; US 6,611,278 B2;. (els) [Transferred from Delaware on 1/21/2014.] |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (els) [Transferred from Delaware on 1/21/2014.] |
| Filing 1 COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against Codemasters Inc., Codemasters Software Company Limited - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-1394736.) - filed by McRo Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet)(els) [Transferred from Delaware on 1/21/2014.] |
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