IPR2023-00626
`U.S. Patent No. 7,746,887
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`EMERSON ELECTRIC CO.
`
`Petitioner,
`
`v.
`
`OLLNOVA TECHNOLOGIES LTD.
`
`Patent Owner.
`
`____________
`
`Case IPR2023-00626
`
`U.S. Patent No. 7,746,887
`
`____________
`
`DECLARATION OF JONATHAN BRADFORD
`IN SUPPORT OF PETITION FOR INTER PARTES REVIEW
`OF UNITED STATES PATENT NO. 7,746,887
`
`ecobee Exhibit 1047
`ecobee v. Ollnova
`
`
`U.S. Patent No. 7,746,887
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`EMERSON ELECTRIC CO.
`
`Petitioner,
`
`v.
`
`OLLNOVA TECHNOLOGIES LTD.
`
`Patent Owner.
`
`____________
`
`Case IPR2023-00626
`
`U.S. Patent No. 7,746,887
`
`____________
`
`DECLARATION OF JONATHAN BRADFORD
`IN SUPPORT OF PETITION FOR INTER PARTES REVIEW
`OF UNITED STATES PATENT NO. 7,746,887
`
`ecobee Exhibit 1047
`ecobee v. Ollnova
`
`
`
`IPR2023-00626
`U.S. Patent No. 7,746,887
`
`1.
`
`I, Jonathan Bradford, make the following Declaration pursuant to 28
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`U.S.C. § 1746: I am a Senior IP Paralegal at the law firm of Ropes & Gray LLP.
`
`2.
`
`I provide this Declaration in connection with the above-identified
`
`Inter Partes Review proceeding that is before the United States Patent and
`
`Trademark Office (“USPTO”). Unless otherwise stated, the facts stated in this
`
`Declaration are based on my personal knowledge.
`
`3.
`
`Ex. 1001 is a true and correct copy of U.S. Patent No. 7,746,887,
`
`which was obtained from the USPTO’s Public Patent Application Information
`
`Retrieval (“Public PAIR”) system. This document has been marked with an
`
`exhibit label and page numbers on each page at the bottom right corner. However,
`
`no alterations, other than these noted markings, have been made to this document.
`
`4.
`
`Ex. 1003 is a true and correct copy of File History of U.S. Patent No.
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`7,746,887, which was obtained from the USPTO’s Public Patent Application
`
`Information Retrieval (“Public PAIR”) system. This document has been marked
`
`with an exhibit label and page numbers on each page at the bottom right corner.
`
`However, no alterations, other than these noted markings, have been made to this
`
`document.
`
`5.
`
`Ex. 1004 is a true and correct copy of U.S. Patent No. 7,528,711 to
`
`Kates, which was obtained from the USPTO’s Public Patent Application
`
`Information Retrieval (“Public PAIR”) system. This document has been marked
`
`1
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`
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`IPR2023-00626
`U.S. Patent No. 7,746,887
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`with an exhibit label and page numbers on each page at the bottom right corner.
`
`However, no alterations, other than these noted markings, have been made to this
`
`document.
`
`6.
`
`Ex. 1005 is a true and correct copy of U.S. Patent Application
`
`Publication No. 2004/0100394 to Hitt, which was obtained from the USPTO’s
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`Public Patent Application Information Retrieval (“Public PAIR”) system. This
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`document has been marked with an exhibit label and page numbers on each page at
`
`the bottom right corner. However, no alterations, other than these noted markings,
`
`have been made to this document.
`
`7.
`
`Ex. 1006 is a true and correct copy of U.S. Patent Application
`
`Publication No. 2005/0246593 to Littrell, which was obtained from the USPTO’s
`
`Public Patent Application Information Retrieval (“Public PAIR”) system. This
`
`document has been marked with an exhibit label and page numbers on each page at
`
`the bottom right corner. However, no alterations, other than these noted markings,
`
`have been made to this document.
`
`8.
`
`Ex. 1007 is a true and correct copy of U.S. Patent No. 5,696,695 to
`
`Ehlers, which was obtained from the USPTO’s Public Patent Application
`
`Information Retrieval (“Public PAIR”) system. This document has been marked
`
`with an exhibit label and page numbers on each page at the bottom right corner.
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`2
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`IPR2023-00626
`U.S. Patent No. 7,746,887
`
`However, no alterations, other than these noted markings, have been made to this
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`document.
`
`9.
`
`Ex. 1008 is a true and correct copy of U.S. Patent Application
`
`Publication No. 2005/0270173 to Boaz, which was obtained from the USPTO’s
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`Public Patent Application Information Retrieval (“Public PAIR”) system. This
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`document has been marked with an exhibit label and page numbers on each page at
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`the bottom right corner. However, no alterations, other than these noted markings,
`
`have been made to this document.
`
`10.
`
`Ex. 1009 is a true and correct copy of Ollnova Technologies Ltd. v.
`
`Emerson Electric Co., 4:22-cv-01387 (E.D. Mo.) Defendants’ Opening Claim
`
`Construction Brief (October 27, 2022), which was obtained at my direction. This
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`document has been marked with an exhibit label and page numbers on each page at
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`the bottom right corner. However, no alterations, other than these noted markings,
`
`have been made to this document.
`
`11.
`
`Ex. 1010 is a true and correct copy of Ollnova Technologies Ltd. v.
`
`Emerson Electric Co., 4:22-cv-01387 (E.D. Mo.) Plaintiff Ollnova Technologies
`
`Ltd.’s Responsive Claim Construction Brief (November 17, 2022), which was
`
`obtained at my direction. This document has been marked with an exhibit label
`
`and page numbers on each page at the bottom right corner. However, no
`
`alterations, other than these noted markings, have been made to this document.
`
`3
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`
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`IPR2023-00626
`U.S. Patent No. 7,746,887
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`12.
`
`Ex. 1011 is a true and correct copy of Ollnova Technologies Ltd. v.
`
`Emerson Electric Co., 4:22-cv-01387 (E.D. Mo.) Defendants’ Reply Claim
`
`Construction Brief (December 1, 2022), which was obtained at my direction. This
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`document has been marked with an exhibit label and page numbers on each page at
`
`the bottom right corner. However, no alterations, other than these noted markings,
`
`have been made to this document.
`
`13.
`
`Ex. 1012 is a true and correct copy of Ollnova Technologies Ltd. v.
`
`Emerson Electric Co., 4:22-cv-01387 (E.D. Mo.) Plaintiff Ollnova Technologies
`
`Ltd.’s Sur-Reply Claim Construction Brief (December 15, 2022), which was
`
`obtained at my direction. This document has been marked with an exhibit label
`
`and page numbers on each page at the bottom right corner. However, no
`
`alterations, other than these noted markings, have been made to this document.
`
`14.
`
`Ex. 1013 is a true and correct copy of Ollnova Technologies Ltd. v.
`
`Emerson Electric Co., 4:22-cv-01387 (E.D. Mo.) Joint Claim Construction
`
`Statement (December 20, 2022), which was obtained at my direction. This
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`document has been marked with an exhibit label and page numbers on each page at
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`the bottom right corner. However, no alterations, other than these noted markings,
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`have been made to this document.
`
`15.
`
`Ex. 1014 is a true and correct copy of Ollnova Technologies Ltd. v.
`
`Carrier Global Corp., 9:22-cv-80388 (S.D. Fla.) Plaintiff Ollnova Technologies
`
`4
`
`
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`IPR2023-00626
`U.S. Patent No. 7,746,887
`
`Ltd.’s Opening Claim Construction Brief (November 4, 2022), which was obtained
`
`at my direction. This document has been marked with an exhibit label and page
`
`numbers on each page at the bottom right corner. However, no alterations, other
`
`than these noted markings, have been made to this document.
`
`16.
`
`Ex. 1015 is a true and correct copy of Ollnova Technologies Ltd. v.
`
`Carrier Global Corp., 9:22-cv-80388 (S.D. Fla.) Carrier Global Corp.’s
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`Responsive Claim Construction and Indefiniteness Brief (November 18, 2022),
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`which was obtained at my direction. This document has been marked with an
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`exhibit label and page numbers on each page at the bottom right corner. However,
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`no alterations, other than these noted markings, have been made to this document.
`
`17.
`
`Ex. 1016 is a true and correct copy of Ollnova Technologies Ltd. v.
`
`Carrier Global Corp., 9:22-cv-80388 (S.D. Fla.) Plaintiff Ollnova Technologies
`
`Ltd.’s Reply Claim Construction Brief (November 30, 2022), which was obtained
`
`at my direction. This document has been marked with an exhibit label and page
`
`numbers on each page at the bottom right corner. However, no alterations, other
`
`than these noted markings, have been made to this document.
`
`18.
`
`Ex. 1017 is a true and correct copy of Ollnova Technologies Ltd. v.
`
`Carrier Global Corp., 9:22-cv-80388 (S.D. Fla.) Joint Claim Construction Chart
`
`(December 5, 2022), which was obtained at my direction. This document has been
`
`marked with an exhibit label and page numbers on each page at the bottom right
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`5
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`IPR2023-00626
`U.S. Patent No. 7,746,887
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`corner. However, no alterations, other than these noted markings, have been made
`
`to this document.
`
`19.
`
`Ex. 1018 is a true and correct copy of U.S. Patent No. 6,124,806 to
`
`Cunningham, which was obtained from the USPTO’s Public Patent Application
`
`Information Retrieval (“Public PAIR”) system. This document has been marked
`
`with an exhibit label and page numbers on each page at the bottom right corner.
`
`However, no alterations, other than these noted markings, have been made to this
`
`document.
`
`20.
`
`Ex. 1019 is a true and correct copy of U.S. Patent Application
`
`Publication No. 2003/0174070 to Garrod, which was obtained from the USPTO’s
`
`Public Patent Application Information Retrieval (“Public PAIR”) system. This
`
`document has been marked with an exhibit label and page numbers on each page at
`
`the bottom right corner. However, no alterations, other than these noted markings,
`
`have been made to this document.
`
`21.
`
`Ex. 1020 is a true and correct copy of U.S. Patent Application
`
`Publication No. 2005/0137968 to Lareau, which was obtained from the USPTO’s
`
`Public Patent Application Information Retrieval (“Public PAIR”) system. This
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`document has been marked with an exhibit label and page numbers on each page at
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`the bottom right corner. However, no alterations, other than these noted markings,
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`have been made to this document.
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`6
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`IPR2023-00626
`U.S. Patent No. 7,746,887
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`22.
`
`Ex. 1021 is a true and correct copy of U.S. Patent No. 7,230,528 to
`
`Kates, which was obtained from the USPTO’s Public Patent Application
`
`Information Retrieval (“Public PAIR”) system. This document has been marked
`
`with an exhibit label and page numbers on each page at the bottom right corner.
`
`However, no alterations, other than these noted markings, have been made to this
`
`document.
`
`23.
`
`Ex. 1022 is a true and correct copy of U.S. Patent No. 7,102,505 to
`
`Kates, which was obtained from the USPTO’s Public Patent Application
`
`Information Retrieval (“Public PAIR”) system. This document has been marked
`
`with an exhibit label and page numbers on each page at the bottom right corner.
`
`However, no alterations, other than these noted markings, have been made to this
`
`document.
`
`24.
`
`Ex. 1023 is a true and correct copy of Ollnova Technologies Ltd. v.
`
`ecobee Technologies, ULC, 2:22-cv-00072 (E.D. Tex.) P.R. 4-3 Joint Claim
`
`Construction and Prehearing Statement (January 10, 2023), which was obtained at
`
`my direction. This document has been marked with an exhibit label and page
`
`numbers on each page at the bottom right corner. However, no alterations, other
`
`than these noted markings, have been made to this document.
`
`25.
`
`Ex. 1024 is a true and correct copy of Standing Order Governing
`
`Proceedings (OGP) 4.1—Patent Cases (W.D. Tex.) (April 14, 2022), which was
`
`7
`
`
`
`IPR2023-00626
`U.S. Patent No. 7,746,887
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`obtained at my direction. This document has been marked with an exhibit label
`
`and page numbers on each page at the bottom right corner. However, no
`
`alterations, other than these noted markings, have been made to this document.
`
`26.
`
`Ex. 1025 is a true and correct copy of Ollnova Technologies Ltd. v.
`
`Emerson Electric Co., 4:22-cv-01387 (E.D. Mo.) Plaintiff’s Preliminary Disclosure
`
`of Asserted Claims and Infringement Contentions (July 7, 2022), which was
`
`obtained at my direction. This document has been marked with an exhibit label
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`and page numbers on each page at the bottom right corner. However, no
`
`alterations, other than these noted markings, have been made to this document.
`
`27.
`
`Ex. 1026 is a true and correct copy of Redline comparison between
`
`the specifications of U.S. Patent No. 7,746,887 and U.S. Patent No. 7,102, 505,
`
`which was obtained at my direction. This document has been marked with an
`
`exhibit label and page numbers on each page at the bottom right corner. However,
`
`no alterations, other than these noted markings, have been made to this document.
`
`28.
`
`Ex. 1031 is a true and correct copy of U.S. Patent No. 6,513,723 to
`
`Mueller, which was obtained from the USPTO’s Public Patent Application
`
`Information Retrieval (“Public PAIR”) system. This document has been marked
`
`with an exhibit label and page numbers on each page at the bottom right corner.
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`However, no alterations, other than these noted markings, have been made to this
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`document.
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`8
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`IPR2023-00626
`U.S. Patent No. 7,746,887
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`29.
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`Ex. 1035 is a true and correct copy of Lex Machina: Overview for
`
`E.D. Mo. (Jan. 29, 2023) (retrieved from https://law.lexmachina.com/court/moed),
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`which was obtained at my direction. This document has been marked with an
`
`exhibit label and page numbers on each page at the bottom right corner. However,
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`no alterations, other than these noted markings, have been made to this document.
`
`30.
`
`Ex. 1041 is a true and correct copy of U.S. Patent No. 7,268,581 to
`
`Trimberger, which was obtained from the USPTO’s Public Patent Application
`
`Information Retrieval (“Public PAIR”) system. This document has been marked
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`with an exhibit label and page numbers on each page at the bottom right corner.
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`However, no alterations, other than these noted markings, have been made to this
`
`document.
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`31.
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`Ex. 1042 is a true and correct copy of U.S. Patent No. 7,254,691 to
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`Ebeling, which was obtained from the USPTO’s Public Patent Application
`
`Information Retrieval (“Public PAIR”) system. This document has been marked
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`with an exhibit label and page numbers on each page at the bottom right corner.
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`However, no alterations, other than these noted markings, have been made to this
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`document.
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`32.
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`Ex. 1043 is a true and correct copy of Ollnova Technologies Ltd. v.
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`Emerson Electric Co., 6:22-cv-00358-ADA (W.D. Tex.) Declaration of Erik De La
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`Iglesia in Support of Plaintiff Ollnova Technologies Ltd.’s Responsive Claim
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`9
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`
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`IPR2023-00626
`U.S. Patent No. 7,746,887
`
`Construction Brief, which was obtained at my direction. This document has been
`
`marked with an exhibit label and page numbers on each page at the bottom right
`
`corner. However, no alterations, other than these noted markings, have been made
`
`to this document.
`
`33.
`
`Ex. 1044 is a true and correct copy of Ollnova Technologies Ltd. v.
`
`ecobee Technologies, ULC, 2:22-cv-00072 (E.D. Tex.) Ollnova Technologies
`
`Ltd.’s Opening Claim Construction Brief (January 31, 2023), which was obtained
`
`at my direction. This document has been marked with an exhibit label and page
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`numbers on each page at the bottom right corner. However, no alterations, other
`
`than these noted markings, have been made to this document.
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`34.
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`Ex. 1046 is a true and correct copy of M. R. Barbacci, C. B.
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`Weinstock and J. M. Wing, “Programming at the processor-memory-switch level,”
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`Proc. [1989] 11th Int. Conf. on Software Eng’g, Singapore, 1988, pp. 19.28, which
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`was obtained at my direction. This document has been marked with an exhibit
`
`label and page numbers on each page at the bottom right corner. However, no
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`alterations, other than these noted markings, have been made to this document.
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`35. Certain pages have been resized to 8.5 x 11 inches. No content was
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`removed by this resizing.
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`36.
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`I hereby declare that all statements made herein of my own
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`knowledge are true and that all statements made on information and belief are
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`10
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`IPR2023-00626
`U:S. Patent No. 7,746,887
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`believed to be true; and further that these statements were made with the
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`knowledge that willful false statements and the like so made are punishable by fine
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`or imprisonment, or both, under 18 U.S.C. § 1001. If called to testify as to the
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`truth of the matters stated herein, I could and would testify competently.
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`37.
`
`Ideclare under penalty of perjury that the foregoingis true and
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`correct.
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`Executedthis 6th day of March, 2023, in Boston, Massachusetts.
`
`/Jonathan Bradford/
`Jonathan Bradford
`ROPES & GRAY LLP
`
`1]
`
`
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