IP Think Tank Global Week in Review – 14 March 2008

  Posted on March 15, 2008 By

 Comment

Here is IP Think Tank’s weekly
selection of top intellectual property news breaking in the blogosphere and
internet.

Please join the discussion by adding your comments on any of these stories,
and please do let me know if you think we’ve missed something important, or if
there is a source you think should be monitored.

You can separately subscribe to the IP Thinktank Global week in Review at
the Subscribe page: http://thinkipstrategy.com/subscribe/

Highlights this week included:

Global

Global – General

  • What’s the solution to YouTube’s infringing tactics?: (Spicy
    IP    ),
  • ‘The Good, the Bad and the Ugly II’ – Business, public interest forces and
    the role of IP: (IP
    finance    ),
  • Interview with Debra Harry,
    Indigenous People’s Council on Biocolonialism: (Intellectual Property
    Watch    ),
  • WIPO Committee on Development and IP wraps up inaugural meeting: (WIPO),
  • Five IP policy questions for WIPO DG Candidates: (Intellectual Property
    Watch    ),
  • IP strategy for R&D: keep records like Thomas Edison: (Lightbulb),
  • New kid on the block – Technology Transfer Tactics journal: (IP finance),
  • New IP blog: SOLO Independent IP Practitioners: (The Trademark
    Blog    ),
  • WIPO and Kellogg School of Management offer executive program on strategies
    for management of IP: (WIPO)
  • Six good questions for building wealth with intellectual property: (Lightbulb),
  • Global – Trade
    Marks / Domain Names / Brands
  • WIPO:
    Panathinaikos.com goes to football club: (Class
    46    ),
  • ICANN
    invites public comments and constituency impact statements regarding its draft
    proposal to curb domain tasting: (Canadian
    Trademark Blog    ) ,
  • Smart
    derivative trade marks: (IP
    ThinkTank    ),
  • Linkages
    between the WIP development agenda and the TRIPS Council: (Intellectual Property
    Watch    )

Global – Patents

Global – Copyright

Pharma & Biotech

Pharma & Biotech – General

  • Symposium
    on public policy patent landscaping in the life sciences: (WIPO),
  • Drugs
    are a (patent) lawyer’s best friend?: (Now, Why Didn’t I Think of That?)
  • India: Gene
    silencing: (Spicy IP),

  • India: US Patent reform implications for
    Indian Pharma: (Spicy
    IP    ),

  • India: Generic
    pharmaceutical industry in the spotlight: (International
    Law Office    ),

  • India:
    Supreme Court refuses to stay a Gujarat High Court decision restraining Ranbaxy
    from airing its controversial ads directed against Paras Pharma’s ‘Moov’ brand:
    (Spicy
    IP    ),
  • India:
    Patents on ARV drugs could increase costs: (Generic
    Pharmaceuticals & IP    ),
  • US:
    Survey shows most Americans want drug prices regulated: (Spicy
    IP    ),
  • US:
    Amerinet launches Generic Sourcing Program to reduce pharmacy spend: (GenericsWeb),
  • US:
    Commonwealth Biotechnologies announces issuance of patent related to real time
    PCR detection of herpes virus: (Patent
    Docs    ),
  • US:
    Genomic research company Open Biosystems settles infringement claims asserted
    by Sigma-Aldrich and Oxford BioMedica over patents for LentiVector technology:
    (IP
    Law360    ),
  • US:
    PTO finds remaining two of WARF’s embryonic stem cell patents valid: (Patent
    Prospector    ), (IP
    Law360    ), (IPBiz),
    (Patent
    Docs    ), (Holman’s
    Biotech IP Blog    ), (IPBiz),
  • US:
    IPAuctions begins sale of US patent number 6,645,525 relating to drug delivery
    technology: (Patent
    Docs    )

Pharma & Biotech – Products

  • Actonel
    (Risedronate) – US District Court upholds validity of Proctor & Gamble’s
    Actonel patent, rejecting Teva’s obviousness arguments: (Orange Book
    Blog    ),
  • Ambien
    (Zolpidem) – Sanofi-Aventis files suit against Sandoz in an effort to keep
    Sandoz from marketing generic version of Ambien: (IP
    Law360    ),
  • Aricept
    (Donepezil) – USV receives US patent related to pharmaceutical ingredient used
    in Aricept, reversing an earlier refusal: (IP
    Law360    ),
  • Aspirin
    – Bayer’s attempt to register ASPRINA as a US trade mark fails: (Intellectual
    Property Directions    ),
  • Celebrex
    (Celecoxib) – CAFC invalidates Pfizer’s latest-expiring patent on Celebrex for
    double patenting, remaining two of Pfizer’s three asserted patents are valid
    prohibiting Teva from launching a generic version of Celebrex until 2014: (Orange Book
    Blog    ), (Generic
    Pharmaceuticals & IP    ), (Patently-O),
    (Patent
    Prospector    ), (IP
    Updates    ), (The
    IP Factor    ), (IP
    Law360    ), (Patent
    Docs    ), (GenericsWeb),
    (Spicy
    IP    ), (PLI),
  • Focalin
    (Dexmethylphenidate) – US Federal Judge denies Elan Corporation’s motion to
    dismiss Teva’s counterclaims in a patent dispute over ADHD drug Focalin: (IP
    Law360    ),
  • Gaviscon
    – Internal documents that were recently leaked to the public, indicate that Reckitt
    Benckiser schemed with NHS to avoid releasing a generic name for the Gaviscon:
    (Spicy
    IP    ),
  • Lybrel
    (Levonorgestrel/Ethinyl Estradiol)– Wyeth sues Watson over US patent for birth
    control drug: (IP
    Law360    ), (GenericsWeb),
  • Plavix
    (Clopidogrel) – Sanofi in negotiations with Thai government to prevent Cadila
    from obtaining a compulsory licence to market generic clopidogrel in Thailand:
    (Generic
    Pharmaceuticals & IP    ), (GenericsWeb),
  • Risperdal
    (Risperidone) – Teva files lawsuit against FDA seeking relisting of US patent
    relating to Risperdal: (Patent
    Baristas    ),
  • Seroquel
    (Quetiapine Fumarate) – Trial date set for 11 August in AstraZeneca’s fight to
    stop Sandoz from marketing a generic version of Seroquel: (Generic
    Pharmaceuticals & IP    ),
  • Tarceva
    (Erlotinib) – After promising to reconsider its aggressive stance on compulsory
    licensing, Thailand’s new government decides to override international patents
    on three cancer drugs: Femara (Letrozole), Tarceva (Erlotinib), Taxotere
    (Docetaxel): (IP
    Law360    ), (Generic
    Pharmaceuticals & IP    ), (GenericsWeb),
    (Patent
    Docs    ),
  • Yasmin
    (Drospirenone) – US District Court declares Bayer Schering Pharma’s Yasmin
    patent invalid for obviousness in its battle with Barr Laboratories: (Patent
    Docs    )
  • Zyprexa
    (Olanzapine) – UK court orders disclosure of drug dealers’ details in patent
    case Eli Lilly & Co Ltd v Neopharma Ltd & Anor: (IPKat),
  • Zyprexa
    (Olanzapine) – Eli Lilly fails to stop Novopharm from launching generic version
    of Zyprexa in Canada: (Generic
    Pharmaceuticals & IP    ), (IP
    Law360    )

Africa

  • General Manager of Zimbabwe Music
    Rights Association to lecture Swazi judiciary on copyright: (Afro-IP
  • Science and IP in Addis Ababa – a
    first hand account from James Nurton of Managing IP: (Afro-IP),
  • Botswana – most free and least
    corrupt.  Shame about the IP: (Afro-IP),
  • Ethiopia receives US trade mark for
    Sidamo coffee despite opposition from Starbucks: (The
    IP Factor    ), (Afro-IP),
  • CC licensed test for African
    sleeping sickness: (creativecommons.org),
  • Update on PCT applications filed in
    Nigeria: (Afro-IP),
  • Parallel imports of DVDs to be
    tested in South Africa: Universal City Studios v Mr Video: (Afro-IP),
  • The W****D C*P of 2*1*: FIFA’s
    intellectual property rights in South Africa: (Afro-IP),
  • Namibia to adopt competition
    legislation: (Afro-IP),
  • SAIIPL decides first appeal in Telkom SA Ltd & TDS Directory Operations
    (Pty) Ltd v The Internet Corporation     involving the domain names
    phonebook.co.za and whitepages.co.za: (IPKat)

Australia

  •  Indemnity costs order in trade marks
    infringement case Brother Industries, Ltd v Dynamic Supplies Pty Ltd: (Australian
    Trade Marks Law Blog    ),
  • Is there an engineer in the house?
    Australia’s IP future: (Lightbulb),
  • Commercialisation of IP and IT
    products for Australian children: trends and statistics: (Lightbulb),
  • Nufarm
    Ltd v Jurox Pty Ltd
    – a lesson in construction of claims: (Mallesons
    Stephen Jaques    )

Bulgaria

  • Bulgaria
    sees post-accession boom in trade mark litigation: (Class
    46    )

Canada

  • Toronto Star on paying for P2P: (Michael Geist),
  • Michael Geist presentation: Facing
    up to Facebook: The fight for fair copyright in Canada: (Michael Geist),
  • Council of Ministers of Education
    renews call for educational copyright exemption: (Michael Geist),
  • New Democratic Party’s Charlie
    Angus offers Industry Minister Jim Prentice a much-needed reality check on WIPO
    and copyright reform: (Michael Geist), (Ars
    Technica    ),
  • Everybody is jumping on the levy
    bandwagon: (Michael
    Geist    ),
  • Federal Court of Appeal rules CHEAP
    TICKETS trade mark generic and ‘clearly descriptive’: Cheaptickets and Travel
    Inc v Emall.ca Inc et al: (ipblog.ca),
  • Public lecture on e-publishing and
    the law by Michael Geist: (Michael Geist),
  • CMEC on fair dealing: (Michael Geist),
  • New Canadian Business IP Coalition
    on the way: (Michael
    Geist    )

Europe

  • The Economist on CTM fees and
    national offices: (Class 46)
  • More on EPO fee changes: (IPKat),
  • AG’s opinion in O2 bubbles trade
    mark/comparative advertising campaign: (Rouse
    & Co International    ),
  • EU presidency moves to kick-start
    Community patent talks: (IAM),
  • EC President: ‘Counting the cost of
    counterfeits: fakes cost more’: (BLOG@IP::JUR),
  • EPO announces new IP training
    website: (Daily
    Dose of IP    ), (IP
    Menu News    )
  • EU Trademark Office brings in
    millions of pounds with no way of spending it: (IPKat),
    (Class
    46    ),
  • European Community Trademark Office
    revises application process: (Ladas
    & Parry    ),
  • OHIM: more information on national
    search reports after 10 March 2008: (Class
    46    ),
  • Public Knowledge comments on
    European discussion of filtering, three-strikes programs: (Public Knowledge),
  • Dealing with the EPO’s new excess
    claims fees: (Patent
    Docs    ),
  • The Anschluss and expropriation of
    Jewish copyrights in Europe: (Patry
    Copyright Blog    ),

France

  • Paris First Instance Criminal Court
    – U-turn on perfume comparison chart?: (Class 46)

Germany

  • Nuremberg zoo wins FLOCKE trade
    mark dispute: (Class
    46    ),
  • German police raid CeBit trade show
    boothes, confiscating various gadgets for possible patent infringement: (IAM),
    (Techdirt),
    (Out-Law),
  • Seven DVD manufacturers enter licence agreements with MPEG LA LLC resolving some MPEG-2
    patent suits: (IP
    Law360    ),
  • German appeal court rules that using
    a competitor’s trade mark adword does not amount to trade mark infringement, if
    the search result is clearly recognisable as an advertisement: (Class
    46    ),
  • Non-practising entity, IP-Com, sues
    HTC for patent infringement: (IPEG),
  • Federal Patent Court on trade mark
    protection for the colour ‘red’: (Class
    46    ),
  • Federal Patent Court publishes
    brief guidelines regarding similiarity of goods and services in classes 16 and
    35, 42: (Class
    46    )

India

  • Victory for Tourism Ministry over
    ‘Incredible India’ tagline: (Spicy
    IP    ) 
  • EU-India Free Trade Agreement
    negotiations – differences over IPRs and other issues: (Spicy
    IP    ),
  • Digitised database of Indian
    patents to be available early 2009: (Spicy
    IP    ),
  • FM radio v Music industry –
    copyright/royalty issues: (Spicy
    IP    ),
  • Exporting Bayh Dole to India:
    potential lessons from a Duke University study: (Spicy
    IP    ),
  • India on a roll – filings galore!:
    (Spicy
    IP    ),
  • EU threatens US with new WTO action
    over online gambling: (Out-Law),
  • A software patent?: (Spicy
    IP    ),
  • Still some spark left in the Flame
    – TVS Motors relaunches its ‘Flame’ motorcycle despite injunction from Madras
    High Court: (Spicy
    IP    ),
  • Contrary to some reports Indian
    Government has not acceded to the Madrid Protocol: (IPKat),
  • UK’s reference to ECJ in Intel v CPM
    on dilution, due to be heard on 16 April: (IPKat)

Israel

  • IFPI gets Israeli ISPs to block Hebrew P2P site: (Ars
    Technica    ),
  • Israeli flashmobs and pictures of works of architecture in protest against
    copyright law: (Patry
    Copyright Blog    )

Ireland

  • Irish music industry labels launch
    copyright action against ISP, Eircom : (IPKat)

Kuwait

  • Kuwait holds first Intellectual
    Property Seminar: (The
    IP Factor    )

Netherlands

  • IP Business Congress 2008 –
    Amsterdam, 25 June 2008: (IP
    ThinkTank    ),
  • PGI application for GOUDA HOLLAND:
    (Class
    46    ),
  • District Court of The Hague rules
    in favour of Viacom (MTV) in its trade mark dispute with Vadobag: (Class
    46    ),
  • Document Security Systems overcome
    European Central Bank’s validity challenge to their patent covering methods for
    making banknotes more difficult to copy: (IPKat)

Poland

  • Polish croissant to become a PGI: (Class
    46    )

Portugal

  • European Communities brings proceedings against Portugal for failing to
    implement IPR enforcement directive: (IPKat)

Spain

  • Spain failed to fulfill obligations under Directive 2001/84 on resale right
    for the benefit of the author of an original work of art: Commission v Spain:
    (IPKat)

Turkey

  • ICEBERG trumps Turkish ICE BOYS… so far: decision on time limits in trade
    mark cancellation proceedings: (Class
    46    ),
  • Patent Institute considers arguments of ‘well-known but unrecorded
    trademark’: (International
    Law Office    )

Ukraine

  • New trade mark fees in the offing:
    (Class
    46    )

United Arab Emirates

United Kingdom

  • More patent money wasted on fighting over
    where to sue: Research in Motion UK Ltd v Visto Corporation: (IPKat)
  • Risks in bringing a UDRP complaint:
    (IPwar’s),
  • Controversy over ISPs selling
    clickstream data to Phorm for targeted advertisement purposes:
    (Techdirt),
    (Ars
    Technica    ), (Techdirt),
    (Out-Law),
  • Stretching the definition of trade mark infringement? – Ferrari seeks to
    stop Style Limousines from displaying Ferrari sign on modified cars: (The
    IP Factor    ), (Class
    46    ),
  • Tories call for big changes to cybercrime and data protection offences: (Out-Law),
  • No innocent infringement defence for community designs: J Choo (Jersey)
    Limited v Towerstone Limited    : (IMPACT),
  • UK IPO announces Patent Prosecution Highway to be extended to cover
    international applications: (IPKat),
  • Chancery Division rules in favour of plaintiffs in copyright ownership
    dispute Animatrix Ltd & Ors v O’Kelly: (IPKat),
  • Chancery Division  decides on costs in
    copyright case Experience Hendrix LLC
    & Anor v Times Newspapers Ltd    : (IPKat),
  • UK Anti-Piracy Plan a work in progress, will address ISP role: (Intellectual Property
    Watch    ),
  • Chancery Division dismisses Digipos’ appeal in trade mark case against Digi
    International: (IPKat),
  • Copyright Licensing Agency to launch series of new collective digital
    licences: (IPKat)

United States

US
General

  • Transparency isn’t a substitute for privacy: (Techdirt),
  • US seizes domain name of Spanish
    company selling Cuba trips: (Ars
    Technica    ), (IP
    Justice    ),
  • In defence of Rembrandts in the
    Attic: (IAM),
    (further discussion from IAM),
  • PreCYdent’s web of law free legal
    search engine: (Cairns),
  • American Apparel and Footwear
    Association rejects compromise text of the Design Piracy Prohibition Act
    that would extend US legal protection to fashion designs: (Counterfeit
    Chic    ),
  • Can
    someone give Michael Eisner a history lesson on copyright and patents?: (Techdirt)

US
Patent Reform

US
Patents

US
Copyright

  • House
    IP committee member endorses college P2P blocking: (Ars
    Technica    ),
  • Plagiarism:
    intent in the eye of the beholder?: (IPBiz),
  • Ricky
    Gervais inspires copyright opinion: Situation Management Systems v ASP
    Consulting Group    : (Patry
    Copyright Blog    ),
  • Orcas
    and statutory damages: Smith v NBC Universal: (Patry
    Copyright Blog    ),
  • Fair
    Use Act threatens innovators’ rights according to Institute for Policy
    Innovation: (IP
    Law360    ),
  • Warring
    fashion associations fail to compromise on copyright protection: (Public Knowledge),
  • Congressman
    Rick Boucher may inject much-needed fair use into PRO-IP Act: (Ars
    Technica    ),
  • Publishers
    and PicScout make our case for orphan works: (Public Knowledge),
  • $5 a month for legal P2P could
    happen sooner than your think: (Ars
    Technica    ), (Techdirt),
  • Michael Eisner and the history of
    copyright: (Patry
    Copyright Blog    )

US
Trademarks

  • Utah amends controversial trademark
    law restricting trade marks from being used as internet search keywords to
    trigger advertisements: (Daily
    Dose of IP    ),
  • A free speech double whammy: Flawed
    anti-phishing bill would dilute trade mark fair use and anonymity protections:
    (Electronic
    Frontier Foundation    ),
  • ‘Privacy-invasive’ Domain Name
    Trademark Bill before US Congress: (IP
    Justice    )

US
– Companies / Entities

  • AB Foods – Rare summary judgment of
    no likelihood of confusion in Allen Bros
    v AB Foods    : (Chicago
    IP Litigation Blog    ),
  • Abbott – CAFC addresses multitude
    of issues and vacates an injunction against Abbott Laboratories while upholding
    in part a ruling that Abbott infringed an Innogenetics patent for detecting and
    classifying hepatitis C virus genotypes: (IP
    Law360    ),
  • Acacia – Patent Office agrees to
    reexamine JPEG patent: (Techdirt),
  • Activision – Activision sues Gibson
    in response to claims that ‘Guitar Hero’ violates patent: (Techdirt), (Patent
    Prospector    ), (Philip
    Brooks    ),
  • Aloft Media – Aloft sues five cell
    phone companies including Nokia and Motorola over Smartphone patent: (IP
    Law360    ),
  • Bilski – What supplemental briefing
    bodes for Bilski: (IP
    Law360    ),
  • Cingular – Digital Technology
    Licensing settles its patent infringement lawsuit against Cingular over signal
    encoding technology used in cell phones: (IP
    Law360    ),
  • Corel – Simon Systems refiles suit
    accusing Corel Corp’s MPEG editing software of patent infringement: (IP
    Law360    ),
  • Bookham – Bookham sues rival JDS
    Uniphase, alleging wrongfully accused Bookham of violating three of its patents
    for tunable laser products: (IP
    Law360    ),
  • Bose – Bose files lawsuit against
    Eforcity alleging that Eforcity infringed the patent and trade dress for Bose’s
    SoundDock digital music system: (IP
    Law360    ),
  • Dakocytomation – CAFC panel issues
    mixed ruling in patent infringement suit filed by University of California and
    Abbott against Dakocytomation: (Patent
    Docs    ), (IP
    Updates    ),
  • Delphi – Bankrupt auto parts maker
    Delphi Corp asks federal court to affirm that four of Automotive Technologies
    International’s patents are invalid and unenforceable and that Delphi has not
    infringed them: (IP
    Law360    ),
  • E.Digital – E.Digital sues LG
    Electronics, Nikon, Samsung Electronics and others for infringement of patents
    relating to flash memory technology: (IP
    Law360    ),
  • Flashpoint – Flashpoint Technology
    files suit against AT&T Mobility LLC, Kyocera Corp., Nokia Corp. and
    several other cell phone companies over patents related to digital camera
    technology: (IP
    Law360    ), (Patent
    Prospector    ),
  • Fox News Network – Fox fails to win
    control over domain name, foxbusinessnetwork.com, due to late trade mark
    filing: (Out-Law),
    (The
    Trademark Blog    ),
  • Fujitsu – KLA-Tencor challenges
    validity of Fujitsu’s patent for methods of making semiconductor chips using
    advanced optics: (IP
    Law360    ),
  • Gabbanelli Accordians & Imports
    – Non-participation from the defendant, Italo-Am. Accordion Mfg Co, leads to
    admission of jurisdiction and summary judgment of trade mark and trade dress
    infringement: (Chicago
    IP Litigation Blog    ),
  • Goss International Americas – First
    in line: registration before litigation: Goss
    International Americas, Inc v A-American Machine & Assembly Co    : (Intellectual
    Property Law Blog    ),
  • Intellect Wireless – Intellect
    Wireless files patent infringement complaints against Motorola, LG Electronics,
    T-Mobile, Sanyo and others concerning wireless communication features,
    including paging and caller ID: (Patent
    Prospector    ), (IP
    Law360    ),
  • Lending Tree – Lending Tree
    challenges the validity of H&R Block’s patent covering real-time financial
    card offers to web customers: (IP
    Law360    ),Major League Baseball – MLB demands
    six Cape Cod League teams that use names of the Major League teams license the
    names, including buying uniforms and merchandise through MLB: (Techdirt),
  • Microsoft – Veritas invalidates
    Microsoft’s patent for replicating data files: (IP
    Law360    ),
  • Philips Lumileds Lighting Company –
    Columbia University professor settles infringement claims against Philips over
    patents related to the LED technology: (IP
    Law360    ),
  • PressTek – International Trade Commission
    launches investigation into PressTek’s allegations that Israeli printing 
  • plate
    manufacturer VIM Technologies Ltd., its partner Hanita Coatings RCA Ltd. and
    four North American distributors are infringing patents for printing press
    technology: (IP
    Law360    ),
  • Prominent Consulting – Court holds
    no Colorado River abstention in copyright cases: Prominent Consulting
    LLC v Allen Bros., Inc    : (Chicago
    IP Litigation Blog    ),
  • Rambus – Rambus will be allowed to
    present testimony from related cases during trial to defend itself against
    allegations that it improperly amended and aggressively enforced its DRAM chip
    patents: (IP
    Law360    ),
  • Realself.com – Lifestyle Lift, a
    face lift company, sues Realself.com product review forum for trade mark
    infringement: (Out-Law),
  • University of Texas – Court finds
    insufficient evidence to support federal fame of University of Texas’ ‘long
    horn steer in silhouette’ trade mark and grants KST Electric summary judgment
    of no federal dilution: (43(B)log),
  • US Air Force – US Air Force issues
    DMCA takedown notice on publicly released advertisement about its cyber-defense
    initiatives: (Techdirt),
  • US Gypsum Co – Court rules forum
    selection clause destroys venue: US Gypsum Co v 3M Innovative Props. Co.: (Chicago
    IP Litigation Blog    )
  • Viacom – Federal court shoots  down Viacom’s bid for punitive damages in its
    copyright suit against Google and its video-sharing site, YouTube: (IP
    Law360    ), (Ars
    Technica    ), (43(B)log),
    (Techdirt),
    (Out-Law),
  • Viacom – Music Choice files patent
    infringement suit against Urge Radio, which is owned by Viacom and MTV
    Networks: (IP
    Law360    ),
  • VTran – Vtran sues another cable
    company, Mid-Hudson Cablevision, for patent infringement in relation to
    video-on-demand services: (IP
    Law360    ),
  • Walt Disney Co – Walt Disney Co
    wins trade mark claims in Thoroughbred
    Legends LLC v The Walt Disney Co    : (43(B)log),
  • World Wide Video – Years after Yoko
    Ono stopped the showing of a John Lennon film for alleged copyright
    infringement, World Wide Video is suing Ono for violating its purported copyright
    to the same footage: (IP
    Law360    ),
  • Yahoo – GraphOn files patent
    infringement suit against Yahoo, eHarmony.com, Match.com and others in relation
    to web listing services: (IP
    Law360    ),
  • ZapMedia – ZapMedia media files
    patent infringement suit against Apple over iTunes: (Patent
    Prospector    ), (IP
    Law360    ), (Ars
    Technica    ), (Techdirt)

 Category: Week in Review

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