Anne Elise Herold Li is a partner leading the firm’s Intellectual Property and Trade Secrets groups in New York. As an attorney who focuses on patent, trademark, trade secret, and unfair competition litigation and counseling, patent procurement, freedom-to-operate, and due diligence, Anne services clients in the biotechnology, biopharmaceutical, medical device, and mobile device industries. She represents a wide range of clients, from large corporations to start-ups. She litigates in both federal and state court, has been lead counsel in Inter Partes Review (IPR) proceedings, and has also successfully represented clients at the International Trade Commission (ITC). She also advises on intellectual property procurement and enforcement strategies.
Anne is also an editor of and regular contributor to the firm's Trade Secrets Trends blog.
She has garnered numerous professional awards for her work; she was voted 2013-2017 “Rising Star” in intellectual property litigation by Super Lawyers Magazine. Her pro bono work has also received the Legal Aid Society of New York’s 2019 Pro Bono Publico Award (Manhattan section), the Thurgood Marshall Award from the Association of the Bar of the City of New York, the Archibald R. Murray Public Service Award from Fordham Law School, and Crowell & Moring’s George Bailey Award for public service.
Anne received her J.D. from Fordham Law School, where she was on the Intellectual Property Law Journal. She earned her B.A. in psychology, focusing on biopsychology, from the University of Chicago, and her M.P.H. in Epidemiology at the Rollins School of Public Health at Emory University. Prior to joining the legal profession, Anne was an epidemiologist at the New York City Department of Health, where she received an award for her work on the anthrax outbreak in 2001.
Representative Matters
Federal Litigation
- Waters Tech., Inc. & Waters Corp., Inc. v. Agilent Techs., Inc.– Represent Agilent in an infringement suit on n-glycan labeling reagent
- Successfully represented a large pharmaceutical company in a false advertising and unfair competition case.
- Arch Chemicals, Inc. v. Sherwin-Williams, Co. – Represent Arch in a patent infringement action related to biocide additives.
- Lonza Walkersville, Inc. v. Cellular Dynamics International, Inc.– Represent Lonza Walkersville, Inc. in an infringement suit involving seven stem-cell related patents.
- Represent a biotechnology company in enforcing its employment contract against an employee who went to a competitor.
- Lonza Sales AG v. Progenics Pharmaceuticals, Inc., Civ. Action No. 1:15-cv-00562-GMS, District of Delaware. Successfully represented Lonza AG on a breach of contract and misappropriation of trade secrets claim.
- Successfully represented a medical device company in invaliding four patents on summary judgment in a case involving hundreds of millions of dollars in damages.
- Successfully defended the makers of a mobile e-reader from claims of patent infringement made in the ITC concerning various hardware and software patents.
- Successfully represented a client in biotechnology patent litigation brought against a recombinant DNA vaccine. Client received a valuable Markman ruling leading to summary judgment of non-infringement and favorable settlement.
Pro Bono
- Trump v. Hawaii (2018). We submitted an amicus brief on behalf of a coalition of organizations serving domestic violence survivors in this challenge to an Executive Order barring entry to the U.S. from several Muslim-majority countries.
- Make the Road New York et al v. Cuccinelli, S.D.N.Y. (2019). Represent, on a pro bono basis, a coalition of over 60 organizations, led by Advancing Justice | AAJC (Asian Americans Advancing Justice | AAJC), American Legal Defense and Education Fund (AALDEF), and the National Women’s Law Center (NWLC), and filed an amicus brief filed in the Southern District of New York in an effort to stop the implementation of the “public charge” rule.
- Coalition for the Homeless. Represent client on a pro bono basis in two civil actions against the City of New York to obtain information on the placement of homeless individuals.
- Human trafficking. Represented a woman trafficked into the United States in seeking compensation for her work.
Affiliations
Admitted to practice: New York, District of Columbia, U.S. Supreme Court, U.S. Court of Appeals for the Federal Circuit, U.S. District Court for the Southern District of New York, U.S. District Court for the Eastern District of New York, U.S. District Court for the District of D.C., and the U.S. Patent and Trademark Office (USPTO)
Memberships
Vice-Chair, Medical Devices, ABA Science & Technology Law Section (2017-2018)
New York Intellectual Property Law Association
Executive Committee, William C. Conner Inn of Court
Highlights, News & Knowledge
Speeches & Presentations
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"Pending Profanity and Bankruptcy Go Together at the Supreme Court - For Trademarks," Hon. William C. Conner Inn of Court, New York, NY
(February 28, 2019).
Panelists: Anne Elise Herold Li, Michelle Chipetine, and Brian McGrath.
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"Intellectual Property for the Micro-Entrepreneur," Crowell & Moring, New York, NY
(December 13, 2017).
Presenters: James K. Stronski, Anne Elise Herold Li, and Preetha Chakrabarti.
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"Printer Cartridges & Cheerleading Uniforms: What the Key 2017 IP Supreme Court Decisions Mean for Apparel Companies," Webinar
(July 27, 2017).
Presenters: Anne Elise Herold Li and Preetha Chakrabarti.
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"Keeping it Under Wraps: Protecting, Asserting and Creating Value from Your Trade Secret," 2017 BIO International Convention, San Diego, CA
(June 21, 2017).
Speaker: Anne Elise Herold Li.
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"Third Thursday--C&M's June Labor & Employment Update: Employee Mobility: Protecting the Company when Employees Leave," Crowell & Moring Webinar
(June 15, 2017).
Presenters: Thomas P. Gies, Andrew W. Bagley, Anne Elise Herold Li, and Christine B. Hawes.
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"Reflections on 2016 and Projections for 2017," National Association of Women in Intellectual Property and Technology Practice Area Affinity Group, Teleconference
(December 15, 2016).
Presenter: Anne Elise Howard Li.
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"Fundamentals of Patent Prosecution 2016: A Boot Camp for Claim Drafting & Amendment Writing," Practising Law Institute, New York, NY
(June 15-17, 2016).
Speaker: Anne Elise Herold Li.
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"Closing Arguments in Skidmore v. Zeppelin," Honorable William C. Conner Inn of Court, New York, NY
(April 19, 2016).
Presenter: Anne Elise Herold Li.
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“Social Security Disability 2016: From Administrative Proceedings to Federal Practice,” Practicing Law Institute, New York, NY
(March 16, 2016).
Speakers: Steven Godeski, Susan J. Horwitz, Edlyn L. Willer, Anne Elise H. Li, Karen Hambrick, Marie I. Mombrun, and Kyla L. Ratliff.
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"Intellectual Property Recovery 2.0 — Beyond Basic Patent Protection," Crowell & Moring's Second Annual In-House Recovery Conference, Dana Point, CA
(March 10-11, 2016).
Speakers: Michael J. Songer, Anne Li, Rita Hao, and Phillip Rotman.
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"Santa Clause is Coming to 40 Foley Square," Honorable William C. Conner Inn of Court, New York, NY
(November 12, 2015).
Presenter: Anne Elise Herold Li.
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"Who Owns Left Shark Anyway?" Honorable William C. Conner Inn of Court, New York, NY
(April 22, 2015).
Presenter: Anne Elise Herold Li.
Publications
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"L’Oreal USA Loss Highlights Importance of Nondisclosure Agreements," Crowell & Moring's Retail & Consumer Products Law Observer
(August 15, 2019).
Authors: Anne Elise Herold Li, Michelle Chipetine and Mena Gaballah, PharmD.
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"Don’t Wait Until It’s Too Late: Tardy Trade Secrets Bounced," Crowell & Moring's Trade Secrets Trends
(May 21, 2019).
Authors: Eric A. Gressler, Raija Horstman and Anne Elise Herold Li.
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"The Growing Trend For Full Disclosures: What’s in Your Cleaning Products?" Crowell & Moring's Trade Secrets Trends
(July 13, 2018).
Authors: Helen Osun, Raija Horstman and Anne Elise Herold Li.
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"When You Commit the Crime, Not Only Will You Do the Time, But You Will Also Pay the Fine," Crowell & Moring's Trade Secrets Trends
(July 10, 2018).
Authors: Helen Osun and Anne Elise Herold Li.
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"Your Corporate Intellectual Property Department Is a Value Driver," Corporate Counsel
(June 13, 2017).
Co-Author: Anne Elise Herold Li.
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"Another Case on the Intersection of Criminal and Civil Trade Secret Claims," Crowell & Moring's Trade Secrets Trends
(June 12, 2017).
Author: Anne Elise Herold Li.
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"Employee Who Stole the Cookie Recipe From the Cookie Jar Fined €1 (Yes, that’s one single Euro)" Crowell & Moring's Trade Secrets Trends
(April 26, 2017).
Authors: Jan-Diederik Lindemans and Anne Elise Herold Li.
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"Not So Fast: Ex-Goldman Sachs Employee’s Conviction For Stealing Source Code Reinstated ," Crowell & Moring's Trade Secrets Trends
(January 25, 2017).
Authors: Preetha Chakrabarti, Anne Elise Herold Li, and James K. Stronski.
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"Former Executives Seek Sanctions Against Company And Its Counsel For Alleged Failure To Disclose Insurance In Trade Secrets Dispute," Crowell & Moring's Trade Secrets Trends
(June 13, 2016).
Authors: Anne Elise Herold Li and Colin Proksel.
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"Texas Supreme Court Issues First Texas Uniform Trade Secrets Act Decision," Crowell & Moring's Trade Secrets Trends
(May 23, 2016).
Authors: Anne Elise Herold Li and Tyler A. O'Connor.
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"Recent Case Highlights Circuit Split on Important Computer Fraud and Abuse Act Question," Crowell & Moring's Trade Secrets Trends
(May 17, 2016).
Authors: Mark A. Klapow, Anne Elise Herold Li, and Tyler A. O'Connor.
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"Don't Hold Back: The FTC Attacks Endo for Agreeing to Delay Launch of an Authorized Generic," Bloomberg BNA's Pharmaceutical Law & Industry Report
(May 13, 2016).
Authors: Keith J. Harrison, James K. Stronski, Olivier N. Antoine, Astor Heaven, and Anne Elise Herold Li.
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"Santa's 10 Considerations for Maintaining Trade Secrets at the North Pole," Crowell & Moring's Trade Secrets Trends
(December 24, 2015).
Authors: Jan-Diederik Lindemans, Anne Elise Herold Li, and Preetha Chakrabarti.
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"Theft of Trade Secret and Flouting of Court's Injunction Results in Arrest Warrants," Crowell & Moring's Trade Secrets Trends
(November 3, 2015).
Authors: Anne Elise Herold Li and Ethan Simonowitz.
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"Using Numbers to Win Your Case – the Persuasive Presentation of Statistical Evidence," World Trademark Review
(October 2014).
Co-Author: Anne Li.
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"Is The Federal Circuit Affecting U.S. Treaties? The ITC, 271(g), GATT/TRIPS & The Kinik Decision," Fordham I.P.L.J.
(Winter 2006).
Author: Anne Li.
Client Alerts & Newsletters
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"Olaplex Dyeing to Protect its Intellectual Property,"
IP Insights
(August 15, 2019).
Contacts: Anne Elise Herold Li, Michelle Chipetine, Mena Gaballah, PharmD
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"No Registration Without Representation: U.S. Requires Foreign Trademark Owners to Engage U.S.-Licensed Attorneys,"
IP Insights
(July 24, 2019).
Contacts: Anne Elise Herold Li, Deirdre Long Absolonne, Michelle Chipetine
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"No "Backsies" – Licensors Cannot Use Bankruptcy To Claw Back Trademark Rights from Licensees Says Supreme Court,"
IP Insights
(May 21, 2019).
Contacts: Mark S. Lichtenstein, Ilana Lubin, Anne Elise Herold Li, Michelle Chipetine
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"Cannabis Trademarks Not Stoned by PTO,"
IP Insights
(May 7, 2019).
Contacts: Anne Elise Herold Li, Pilar Stillwater, Molly A. Jones, Kainoa Asuega
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"Vigilance as a Virtue: Lessons To Be Learned from the Coda Development v. Goodyear Tire & Rubber Case,"
Trade Secrets Alert
(February 28, 2019).
Contacts: Mark A. Klapow, Anne Elise Herold Li, Siri Rao
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"SCOTUS Hears Oral Arguments on Mission Product with Mixed Reviews,"
IP Insights
(February 22, 2019).
Contacts: Anne Elise Herold Li, Mark S. Lichtenstein, Michelle Chipetine
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"No Money, No Problem – For the Licensor that Is. The Supreme Court and Trademark Licenses in Bankruptcy,"
IP Insights
(February 20, 2019).
Contacts: Anne Elise Herold Li, Ilana Lubin, Mark S. Lichtenstein, Michelle Chipetine
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"Was it an Offer for Sale? Law School Nightmare Revisited in Latest "On-Sale Bar" Ruling from the Federal Circuit,"
IP Insights
(February 7, 2018).
Contacts: Anne Elise Herold Li, Siri Rao
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"Advanced Video: Time to Check Your Agreement Provisions,"
IP Insights
(January 12, 2018).
Contacts: Siri Rao, Anne Elise Herold Li
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"Gone Enfishing: Software Patentees Reel in Another Huge Win at the Federal Circuit,"
IP Insights
(September 15, 2016).
Contact: Anne Elise Herold Li
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"CellZDirect: Hope for Life Science Patents,"
IP Insights
(July 12, 2016).
Contacts: James K. Stronski, Anne Elise Herold Li, Siri Rao
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"Dancing Doesn’t Matter – Federal Circuit Said Biosimilar Companies Must Wait 180 Days,"
IP Insights
(July 11, 2016).
Contacts: Keith J. Harrison, James K. Stronski, Anne Elise Herold Li, Alex Rosen
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"This Month in International Trade - May 2016 ,"
International Trade Bulletin
(June 9, 2016).
Contacts: Eduardo Mathison, John B. Brew, Frances P. Hadfield, Edward Goetz, Anne Elise Herold Li, Ian A. Laird, David (Dj) Wolff, Carlton Greene, Alan W. H. Gourley, Maria Alejandra (Jana) del-Cerro, Kelly T. Currie, James G. Flood, Jeffrey L. Poston, Emmanuel Plasschaert, Jeane A. Thomas, CIPP/E, Evan D. Wolff, Frederik Van Remoortel
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"Enfish: Some Software is Patentable After All,"
(May 16, 2016).
Contact: Anne Elise Herold Li
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"This Month in International Trade - April 2016,"
International Trade Bulletin
(May 5, 2016).
Contacts: John B. Brew, Frances P. Hadfield, Edward Goetz, Daniel Cannistra, Anne Elise Herold Li, David (Dj) Wolff, Carlton Greene, Stephen M. Byers, Kelly T. Currie, Thomas A. Hanusik, Alan W. H. Gourley, Glen G. McGorty, Ian A. Laird
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"CBP Detains Materials Due to Alleged Use of Forced Labor,"
International Trade Bulletin
(April 27, 2016).
Contacts: Frances P. Hadfield, Anne Elise Herold Li
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"Trade Dress Protection for the Layout of a Medical Report? Maybe!,"
Advertising & Product Risk Management Alert
(April 8, 2016).
Contacts: David Ervin, Anne Elise Herold Li
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"This Month in International Trade - March 2016,"
International Trade Bulletin
(April 7, 2016).
Contacts: Anne Elise Herold Li, Eduardo Mathison, John B. Brew, Frances P. Hadfield, Edward Goetz, David (Dj) Wolff, Ian A. Laird, Aaron Marx, Alexander H. Schaefer, Wing Cheung
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"Don’t Hold Back: The FTC Attacks Endo for Agreeing to Delay Launch of an Authorized Generic,"
Antitrust Law Alert
(March 31, 2016).
Contacts: Keith J. Harrison, James K. Stronski, Olivier N. Antoine, Astor Heaven, Anne Elise Herold Li
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"It's Official: Patent Agents May Confer Privilege!,"
IP Insights
(March 8, 2016).
Contacts: Lisa A. Adelson, Anne Elise Herold Li, Terry Rea
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"Four Takeaways for In-House Counsel from the Dec. 1 Amendments to the Federal Rules,"
IP Insights
(December 3, 2015).
Contacts: James K. Stronski, Ethan W. Simonowitz, Anne Elise Herold Li
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"En Banc Federal Circuit Reaffirms Laches as a Defense to Patent Suits,"
IP Insights
(September 21, 2015).
Contacts: Anne Elise Herold Li, Vincent J. Galluzzo
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"Sandoz Launches First U.S. Biosimilar,"
Life Sciences Alert
(September 4, 2015).
Contacts: Keith J. Harrison, Terry Rea, Anne Elise Herold Li
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"This Month in International Trade - August 2015,"
International Trade Bulletin
(September 2, 2015).
Contacts: John B. Brew, Frances P. Hadfield, Edward Goetz, Pierce Lee, Daniel Cannistra, Alexander H. Schaefer, Jennifer N. Waters, Anne Elise Herold Li, David (Dj) Wolff, Maria Alejandra (Jana) del-Cerro
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"Federal Circuit Expands Direct Infringement Involving Multiple Actors,"
Intellectual Property Bullet Analyses
(August 14, 2015).
Contacts: James K. Stronski, Vincent J. Galluzzo, Anne Elise Herold Li
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"Biosimilars: If You Don’t Dance the Patent Dance, You Have to Wait Until the FDA Approves Your Moves,"
Life Sciences Alert
(July 23, 2015).
Contacts: Keith J. Harrison, Terry Rea, Anne Elise Herold Li
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"Third Circuit Rules That FTC v. Actavis Covers More Than Cash,"
Antitrust Law Alert
(July 2, 2015).
Contacts: Keith J. Harrison, Astor Heaven, Anne Elise Herold Li, Pilar Stillwater
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"Federal Circuit: 'Molecular Weight' Is Still Indefinite,"
IP Insights
(June 22, 2015).
Contacts: James K. Stronski, Anne Elise Herold Li
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"What Sequenom Means for Biotech Patents: Even New Methods of Using Natural Phenomena May Not Be Patentable, Absent More,"
Intellectual Property Bullet Analyses
(June 17, 2015).
Contacts: Anne Elise Herold Li, Mary Anne Schofield, Ph.D., Pilar Stillwater
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"Federal Circuit Stops the Launch of the First U.S. Biosimilar Pending Appeal,"
Life Sciences Alert
(May 8, 2015).
Contacts: Keith J. Harrison, Anne Elise Herold Li, Pilar Stillwater
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"District Court's Decision Paves the Way for the First U.S. Biosimilar,"
Life Sciences Alert
(March 23, 2015).
Contacts: Terry Rea, Keith J. Harrison, James K. Stronski, Anne Elise Herold Li, Mary Anne Schofield, Ph.D., Pilar Stillwater
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"Three Take-Aways from Novartis' Historic First U.S. Biosimilar Approval ,"
Life Sciences Alert
(March 11, 2015).
Contacts: Terry Rea, Keith J. Harrison, James K. Stronski, Anne Elise Herold Li, Mary Anne Schofield, Ph.D., Pilar Stillwater
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"New Year, New Congress, Same Patent Reform Legislation,"
IP Insights
(February 6, 2015).
Contacts: Mark A. Klapow, Anne Elise Herold Li
In the News
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