Percipient LLC v. Percipient.ai, Inc.
| PERCIPIENT LLC |
| PERCIPIENT.AI, Inc |
| 3:2019cv07323 |
| November 7, 2019 |
| US District Court for the Northern District of California |
| Edward M Chen |
| Trademark |
| 28 U.S.C. § 1331 Fed. Question: Trademark |
| Plaintiff |
Docket Report
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Filing 67
ORDER by Judge Edward M. Chen granting #52 Motion for Voluntary Dismissal Without Prejudice. (afmS, COURT STAFF) (Filed on 9/16/2020)
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| Filing 66 Response to Minute Order re #64 Motion Hearing filed by Percipient.ai, Inc. (Attachments: #(1) [Proposed] Order)(Kyle, John) (Filed on 9/15/2020) |
| Filing 65 RESPONSE to Minute Order re #64 Motion Hearing filed by Percipient LLC. (Foss, Taylor) (Filed on 9/14/2020) |
| Filing 64 Minute Entry for proceedings held before Judge Edward M. Chen: Motion Hearing held on 9/3/2020 re #52 MOTION to Dismiss Without Prejudice filed by Percipient LLC. See pdf image for further details. Total Time in Court: 21 Minutes. Court Reporter: Belle Ball. Plaintiff Attorney: Taylor Foss. Defendant Attorney: John Kyle. Also Present: Balan Ayyar (Client)Attachment: Minute Order. (afmS, COURT STAFF) (Date Filed: 9/3/2020) |
| Filing 63 CLERKS NOTICE CONVERTING MOTION HEARING AND STATUS CONFERENCE TO ZOOM HEARING. Status Conference set for 9/3/2020 01:30 PM in San Francisco before Judge Edward M. Chen. Motion Hearing re: #52 Motion to Dismiss set for 9/3/2020 01:30 PM in San Francisco before Judge Edward M. Chen. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/emcGeneral Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. as to #52 MOTION to Dismiss Without Prejudice and Status Conference set for 9/3/2020 01:30 PM in San Francisco before Judge Edward M. Chen. (This is a text-only entry generated by the court. There is no document associated with this entry.) (afmS, COURT STAFF) (Filed on 9/1/2020) |
| Set/Reset Deadlines as to #52 MOTION to Dismiss Without Prejudice. Set Deadlines/Hearings: Motion Hearing set for 9/3/2020 01:30 PM in San Francisco before Judge Edward M. Chen. Status Conference set for 9/3/2020 01:30 PM in San Francisco before Judge Edward M. Chen. (afmS, COURT STAFF) (Filed on 9/1/2020) |
| Filing 62 JOINT CASE MANAGEMENT STATEMENT filed by Percipient.ai, Inc. (Kyle, John) (Filed on 8/27/2020) |
| Filing 61 REPLY (re #52 MOTION to Dismiss Without Prejudice) filed by Percipient LLC. (Foss, Taylor) (Filed on 8/14/2020) |
| Filing 60 Declaration of Craig S. Newton in Support of #55 Opposition/Response to Motion to Dismiss Without Prejudice filed byPercipient.ai, Inc. (Attachments: #1 Exhibit a)(Related document(s) #55 ) (Kyle, John) (Filed on 8/7/2020) |
| Filing 59 Declaration of John S. Kyle in Support of Opposition to Plaintiff's Motion to Dismiss Without Prejudice (Part 3) filed byPercipient.ai, Inc. (Attachments: #1 Exhibit J, #2 Exhibit K, #3 Exhibit L, #4 Exhibit M, #5 Exhibit N)(Kyle, John) (Filed on 8/7/2020) |
| Filing 58 Declaration of John S. Kyle in Support of Opposition to Plaintiff's Motion to Dismiss Without Prejudice (Part 2) filed byPercipient.ai, Inc. (Attachments: #1 Exhibit I)(Kyle, John) (Filed on 8/7/2020) |
| Filing 57 Declaration of John S. Kyle in Support of Opposition to Plaintiff's Motion to Dismiss Without Prejudice (Part 1) filed byPercipient.ai, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Kyle, John) (Filed on 8/7/2020) |
| Filing 56 DECLARATION of Balan Ayyar in Opposition to #55 Opposition/Response to Motion to Dismiss Without Prejudice filed byPercipient.ai, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Related document(s) #55 ) (Kyle, John) (Filed on 8/7/2020) |
| Filing 55 OPPOSITION/RESPONSE (re #52 MOTION to Dismiss Without Prejudice ) filed byPercipient.ai, Inc. (Kyle, John) (Filed on 8/7/2020) |
| Filing 54 CLERK'S NOTICE: Status Conference set alongside motion hearing for 9/3/2020 01:30 PM in San Francisco before Judge Edward M. Chen. Joint Status Report due by 8/27/2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (afmS, COURT STAFF) (Filed on 8/7/2020) |
| Set Deadlines/Hearings: Motions due by 9/24/2020. Motion Hearing set for 10/29/2020 01:30 PM in San Francisco before Judge Edward M. Chen. Final Pretrial Conference set for 1/12/2021 02:30 PM in San Francisco, Courtroom 05, 17th Floor. Jury Selection/Jury Trial set for 2/8/2021 08:30 AM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. Jury Trial set for 2/9/2021, 2/10/2021, 2/12/2021, 2/16/2021, 2/17/2021, 2/19/2021, 2/22/2021 08:30 AM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. (afmS, COURT STAFF) (Filed on 8/7/2020) |
| Filing 53 JOINT CASE MANAGEMENT STATEMENT filed by Percipient.ai, Inc. (Kyle, John) (Filed on 7/30/2020) |
| Filing 52 MOTION for Voluntary Dismissal Without Prejudice filed by Percipient LLC. Motion Hearing set for 9/3/2020 01:30 PM before Judge Edward M. Chen. Responses due by 8/7/2020. Replies due by 8/14/2020. (Attachments: #(1) [Proposed] Order)(Foss, Taylor) (Filed on 7/24/2020) |
| Filing 50 CLERK'S NOTICE. In light of #49 Defendant's letter, the Court's order at Docket No. #47 is VACATED. If Plaintiff wishes to dismiss, it should file a regularly noticed motion. (This is a text-only entry generated by the court. There is no document associated with this entry.) (afmS, COURT STAFF) (Filed on 7/24/2020) |
| Filing 49 Letter from John S. Kyle to Honorable Edward M. Chen. (Kyle, John) (Filed on 7/24/2020) |
| Filing 48 Minute Entry for proceedings held before Magistrate Judge Donna M. Ryu: Further settlement discussions held on 7/20/2020 via Zoom. Results: The matter did not settle. The parties are invited to contact Judge Ryu for further assistance.FTR Time: Not RecordedFor Plaintiff: Taylor Foss For Defendant: John Kyle and Balan Ayyar (This is a text-only entry generated by the court. There is no document associated with this entry.) (ig, COURT STAFF) (Date Filed: 7/20/2020) |
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Filing 47
(VACATED. SEE 50 ) ORDER granting #46 Notice of Voluntary Dismissal Without Prejudice. Signed by Judge Edward M. Chen on 7/20/2020. (afmS, COURT STAFF) (Filed on 7/20/2020) Modified on 7/24/2020 (afmS, COURT STAFF).
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| Filing 46 NOTICE of Voluntary Dismissal Without Prejudice by Percipient LLC (Foss, Taylor) (Filed on 7/20/2020) |
| Filing 45 CLERK'S NOTICE CONTINUING STATUS CONFERENCE SET FOR 7/9/2020: Status Conference set for 7/9/2020 is vacated and rescheduled for 8/6/2020 10:30 AM in San Francisco, Chambers before Judge Edward M. Chen. Joint Status Report due by 7/30/2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (afmS, COURT STAFF) (Filed on 7/2/2020) |
| Filing 44 JOINT CASE MANAGEMENT STATEMENT filed by Percipient.ai, Inc. (Kyle, John) (Filed on 7/2/2020) |
| Filing 43 Defendant Percipient.ai, Inc.'s ANSWER to Plaintiff's Second Amended Complaint filed by Percipient.ai, Inc. (Kyle, John) (Filed on 6/25/2020) |
| Filing 42 Minute Entry for proceedings held before Magistrate Judge Donna M. Ryu: Video settlement conference held via Zoom on 6/22/2020. Results: The parties agreed upon a framework for settlement, and will immediately begin direct negotiations within that framework. Judge Ryu will host a further settlement status session (30-45 minutes) via Zoom on 7/20/2020 10:15 AM. By no later than close of business on 7/17/2020, the parties will each provide an email update to Judge Ryu at DMRsettlement@cand.uscourts.gov, with a copy to the other side.FTR Time: Not Recorded For Plaintiff: Taylor Foss and Chad MainFor Defendant: John Kyle and Balan Ayyar (This is a text-only entry generated by the court. There is no document associated with this entry.) (ig, COURT STAFF) (Date Filed: 6/22/2020) |
| Filing 41 Notice of Withdrawal of re #39 Motion to Dismiss Plaintiff's Claim for Interference with Prospective Economic Advantage (Kyle, John) (Filed on 6/15/2020) |
| Filing 40 SECOND AMENDED COMPLAINT; DEMAND FOR JURY TRIAL against Percipient.ai, Inc. Filed by Percipient LLC. (Attachments: #1 Exhibit A)(Foss, Taylor) (Filed on 6/11/2020) |
| Filing 39 NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Claim for Interference with Prospective Economic Advantage; Memorandum of Points and Authorities in Support Thereof filed by Percipient.ai, Inc. Motion Hearing set for 7/16/2020 01:30 PM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. Responses due by 6/24/2020. Replies due by 7/1/2020. (Attachments: #1 Proposed Order)(Kyle, John) (Filed on 6/10/2020) |
| Filing 38 CLERK'S NOTICE CONTINUING STATUS CONFERENCE: Status Conference set for 6/11/2020 is vacated and rescheduled for 7/9/2020 10:30 AM in San Francisco, Chambers before Judge Edward M. Chen. Joint Status Report due by 7/2/2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (afmS, COURT STAFF) (Filed on 6/5/2020) |
| Filing 37 JOINT CASE MANAGEMENT STATEMENT filed by Percipient LLC. (Foss, Taylor) (Filed on 6/4/2020) |
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Filing 36
ORDER re #31 : The settlement conference set for 6/22/2020 10:00 AM will take place via Zoom video conference. The court will send out a Zoom videoconference invitation via email. For this reason, counsel must include email addresses for all participants (i.e., counsel, parties, party representatives, and insurance representatives) as part of the settlement conference submissions. All counsel must ensure that their participants have downloaded the Zoom application onto a device with a working camera and microphone. Counsel shall do a test run with all of their participants prior to the settlement conference to eliminate all equipment-based problems. Audio-only participation is prohibited. All participants must also have access to email and telephone throughout the settlement conference. Signed by Judge Magistrate Judge Donna M. Ryu on 5/29/2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ig, COURT STAFF) (Filed on 5/29/2020)
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| Filing 35 FIRST AMENDED COMPLAINT; DEMAND FOR JURY TRIAL against Percipient.ai, Inc. Filed byPercipient LLC. (Attachments: #(1) Exhibit A)(Foss, Taylor) (Filed on 5/29/2020) |
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Filing 34
ORDER granting #33 Stipulated Protective Order For Standard Litigation. Signed by Judge Edward M. Chen on 4/1/2020.(afmS, COURT STAFF) (Filed on 4/2/2020)
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| Filing 33 STIPULATION AND [PROPOSED] ORDER RE: STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION filed by Percipient LLC. (Foss, Taylor) (Filed on 4/1/2020) |
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Filing 32
ORDER EXTENDING SETTLEMENT CONFERENCE DEADLINE TO JUNE 30, 2020. Signed by Judge Edward M. Chen on 4/1/2020. (afmS, COURT STAFF) (Filed on 4/1/2020)
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Filing 31
NOTICE OF RESCHEDULED SETTLEMENT CONFERENCE AND SETTLEMENT CONFERENCE ORDER: Settlement Conference continued to 6/22/2020 10:00 AM before Magistrate Judge Donna M. Ryu. Signed by Magistrate Judge Donna M. Ryu on 4/1/2020. (ig, COURT STAFF) (Filed on 4/1/2020)
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| Filing 30 Minute Entry for proceedings held before Magistrate Judge Donna M. Ryu: Settlement planning call held on 4/1/2020. 5/11/2020 settlement conference is vacated and continued to 6/22/2020 10:00 AM. Plaintiff shall provide a detailed written demand by no later than 6/8/2020, with an email copy to Judge Ryu at DMRsettlement@cand.uscourts.gov. FTR Time: Not Recorded For Plaintiff: Taylor FossFor Defendant: John Kyle (This is a text-only entry generated by the court. There is no document associated with this entry.) (ig, COURT STAFF) (Date Filed: 4/1/2020) |
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Filing 29
NOTICE OF SETTLEMENT CONFERENCE AND SETTLEMENT CONFERENCE ORDER: Settlement Conference set for 5/11/2020 11:30 AM before Magistrate Judge Donna M. Ryu in Oakland, Courtroom 4, 3rd Floor. Signed by Magistrate Judge Donna M. Ryu on 2/11/2020. (ig, COURT STAFF) (Filed on 2/11/2020)
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| Filing 28 CLERK'S NOTICE: Notice is hereby given to all parties that Magistrate Judge Donna M. Ryu will convene a pre-settlement conference call to discuss preparation for an in-person settlement conference. Judge Ryu anticipates that the phone call will last approximately 20-30 minutes. The conference call shall take place on 4/1/2020 09:30 AM. Lead Counsel for all parties shall participate. Counsel will receive the call-in information via e-mail from Judge Ryu's courtroom deputy. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ig, COURT STAFF) (Filed on 2/11/2020) |
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Filing 27
AMENDED CASE MANAGEMENT PRETRIAL ORDER FOR JURY TRIAL. ADR amended to include 5/6/2020 or soon thereafter. Signed by Judge Edward M. Chen on 2/10/2020. (afmS, COURT STAFF) (Filed on 2/10/2020)
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Filing 26
CASE MANAGEMENT AND PRETRIAL ORDER FOR JURY TRIAL: Final Pretrial Conference set for 1/12/2021 02:30 PM in San Francisco, Courtroom 05, 17th Floor. Dispositive Motion Hearing set for 10/29/2020 01:30 PM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. Discovery due by 8/6/2020. Dispositive Motions due by 9/24/2020. Jury Selection/Jury Trial set for 2/8/2021 08:30 AM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. Further Jury Trial set for 2/9/2021, 2/10/2021, 2/12/2021, 2/16/2021, 2/17/2021, 2/19/2021, 2/22/2021 08:30 AM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. Signed by Judge Edward M. Chen on 2/6/2020. (afmS, COURT STAFF) (Filed on 2/10/2020)
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| CASE REFERRED to Magistrate Judge Donna M. Ryu for Settlement (ahm, COURT STAFF) (Filed on 2/10/2020) |
| Filing 25 Minute Entry for proceedings held before Judge Edward M. Chen: Initial Case Management Conference held on 2/6/2020. CASE REFERRED to Magistrate Judge for Settlement Conference. Joint Status Report due by 6/4/2020. Status Conference set for 6/11/2020 10:30 AM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. Jury Trial set 2/8/2021. Scheduling Order to issue.Total Time in Court: 12 Minutes. Court Reporter: Not Reported. Plaintiff Attorney: Taylor Foss. Defendant Attorney: John Kyle. Attachment: Minute Order. (afmS, COURT STAFF) (Date Filed: 2/6/2020) |
| Filing 24 JOINT CASE MANAGEMENT STATEMENT filed by Percipient LLC. (Foss, Taylor) (Filed on 1/30/2020) |
| Filing 23 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Kyle, John) (Filed on 1/24/2020) |
| Filing 22 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Foss, Taylor) (Filed on 1/22/2020) |
| Filing 21 Certificate of Interested Entities or Persons filed by Percipient LLC (Foss, Taylor) (Filed on 1/22/2020) |
| Filing 20 Corporate Disclosure Statement filed by Percipient LLC (Foss, Taylor) (Filed on 1/22/2020) |
| Filing 19 ADR Clerks Notice re: Non-Compliance with Court Order. The parties have failed to file an ADR Certification as required by the Initial Case Management Scheduling Order. Counsel shall comply promptly with the requirements of ADR L.R. 3-5(b) and shall file the ADR Certification. (This is a text-only entry generated by the court. There is no document associated with this entry.)(cmf, COURT STAFF) (Filed on 1/21/2020) |
| Filing 18 Certificate of Interested Entities by Percipient.ai, Inc identifying Other Affiliate Venrock Associates VII, L.P., Other Affiliate Venrock Associates VIII, L.P., Other Affiliate WRV, Other Affiliate Lupa Systems for Percipient.ai, Inc. (Kyle, John) (Filed on 12/16/2019) |
| Filing 17 Corporate Disclosure Statement by Percipient.ai, Inc identifying Corporate Parent Percipient.AI, Inc., a Delaware Corporation for Percipient.ai, Inc. (Kyle, John) (Filed on 12/13/2019) |
| Filing 16 ANSWER to Complaint with Jury Demand filed by Percipient.ai, Inc. (Kyle, John) (Filed on 12/13/2019) Modified on 12/18/2019 (slhS, COURT STAFF). |
| Filing 15 STIPULATION re #1 Complaint filed by Percipient.ai, Inc. (Kyle, John) (Filed on 11/26/2019) |
| Filing 14 Refund Status re #12 Application for Refund APPROVED. (rghS, COURT STAFF) (Filed on 11/21/2019) |
| Filing 13 SUMMONS Returned Executed by Percipient LLC. Percipient.ai, Inc served on 11/15/2019, answer due 12/6/2019. (Foss, Taylor) (Filed on 11/20/2019) |
| Filing 12 Application for Refund, Receipt Number 0971-13866252 (2nd Amended) by Percipient LLC. (Foss, Taylor) (Filed on 11/19/2019) |
| Filing 11 Refund Status re #10 Application for Refund DECLINED. (rghS, COURT STAFF) (Filed on 11/18/2019) |
| Filing 10 Application for Refund, Receipt Number 0971-13866252 (Amended) by Percipient LLC. (Foss, Taylor) (Filed on 11/14/2019) |
| Filing 9 REPORT on the filing of an action regarding trademark infringement (cc: form mailed to register). (Attachments: #1 Complaint)(slhS, COURT STAFF) (Filed on 11/13/2019) |
| Filing 8 Refund Status re #4 Application for Refund DECLINED. (rghS, COURT STAFF) (Filed on 11/12/2019) |
| Filing 7 Summons Issued as to Percipient.ai, Inc. (slhS, COURT STAFF) (Filed on 11/12/2019) |
| Filing 6 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 1/30/2020. Initial Case Management Conference set for 2/6/2020 09:30 AM in San Francisco, Courtroom 05, 17th Floor. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. (Attachments: #1 Notice of Eligibility for Video Recording)(slhS, COURT STAFF) (Filed on 11/12/2019) |
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Filing 5
*Docketed in Error - Please DisregardCASE MANAGEMENT CONFERENCE ORDER IN ASSIGNED CASE: Initial Case Management Conference set for 3/5/2020 09:30 AM in San Francisco, Courtroom 05, 17th Floor. Joint Case Management Statement due by 2/27/2020. Signed by Judge Edward M. Chen on 11/12/2019. (afmS, COURT STAFF) (Filed on 11/12/2019) Modified on 11/12/2019 (slhS, COURT STAFF).
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| Filing 4 Application for Refund, Receipt Number 0971-13866252 by PERCIPIENT LLC. (Foss, Taylor) (Filed on 11/8/2019) |
| Filing 3 Case assigned to Judge Edward M. Chen. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (bwS, COURT STAFF) (Filed on 11/7/2019) |
| Filing 2 Proposed Summons. (Foss, Taylor) (Filed on 11/7/2019) |
| Filing 1 COMPLAINT against Percipient.ai, Inc. (Filing fee $ 400, receipt number 0971-13866353). Filed by Percipient LLC. (Attachments: #1 Civil Cover Sheet)(Foss, Taylor) (Filed on 11/7/2019) Modified on 11/12/2019 (slhS, COURT STAFF). |
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| Defendant: PERCIPIENT.AI, Inc | |
| Represented By: | Laura Kimberly Gantney |
| Represented By: | John Shepherd Kyle |
| Represented By: | Laura K. Gantney |
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| Plaintiff: PERCIPIENT LLC | |
| Represented By: | Taylor Crellin Foss |
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