This is a solid win. Not a minor win. Neither a knockout punch. This is another win in a string of wins.
Discovery Order Here
SkunK
Favorite quote from the order:
"The extent to which the plaintiffs—now faced with the Markman ruling that the de-oiled concentrate stream is one “substantially free of oil”—must further explain the line or range above which the stream is no longer substantially free of oil is either
(a) an issue to be explored on summary judgment;
(b) an issue to be explored through a motion to construe the meaning of “substantially free of oil”; or
(c) an issue for trial.
Further, it appears that the issue of where the line is drawn is one for which expert testimony may be necessary, or at least desirable."
Why is this a significant win? In my opinion it shoves the defendants towards settlement. Why? Because it shows the defendants three options to get the answer to their question - none of which they can be looking forward to. I will take them one at a time.
(a) an issue to be explored on summary judgment;
If the defendants got what they wanted - the patents declared invalid - there would be no reason to have a discussion after a summary judgment about what "substantially free of oil" means. You would only have that discussion if the patents were upheld and the judge had to decide on the limits of the patent. Sounds to me like a hint.
(b) an issue to be explored through a motion to construe the meaning of “substantially free of oil”;
Do you really think the defendants want to allow this court to decide the case now? They have not had much luck with their point of view prevailing. The judge decided "substantially free of oil" in the Markman hearing. The court has said that all parties know how much oil is left. The plaintiffs know, the defendants know and the judge knows. Lets say the most it contains is X% of oil. All the judge would have to say is X+1% and the defendant's case fades like an afternoon sunset off Big Sur.
(c) an issue for trial.
Mo' money, Mo' risk, Mo' time. Nothing the defendants want. GreenShift is winning the war for market share. The patents are assumed valid and have to be proved otherwise. David normally does pretty well against the Goliath with John Q. Citizens will relate and pull for the little guy. Big companies all know that. And while the little guy can count on being out-lawyer-ed when facing Goliath - I have only seen the exact opposite up to this point. :~)
Well that's my opinion and I'd be happy to hear yours in the comment section
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3:14-4:50 GERS COES
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Feedstock Conditioning!
Chairman, President & Chief Executive Officer, 37
So who will benefit from this relationship? Stay tuned to find out!
Project Manager, 2006-08 Greenshift Ethanol Conf Attendee, Alparetta, GA - About 28 years old
Rachael is a 1994 Graduate of Lakeside, a private Prep school in Seattle, WA. Rachael is a graduate of The University of the South, with a cum laude bachelor's degree in biological psychology and minors in fine arts and philosophy. One time IBM site designer, worked on Macy's e-commerce site and the redesign of the NYSE site. Founder of Kissykat and Candent Corp. As of March 31, 2008, the Company (GERS) owed Candent Corporation $757,853 (the "Candent Note"). The former president of Candent is the wife of the Company's chairman. All of the issued and outstanding capital stock held by Candent is in trust for the benefit of its former president. The note payable to Candent shall bear interest at a rate of 10% per year and matures November 8, 2010. (P. 21 1st Quarter)
I am the SkunKhunter. I hunt down SkunK stocks. Those are stocks that have been beat down past any reasonable justification. I try to ride the stock up as market forces eventually right the ship of PPS. A SkunK is not a herd animal. He is a scavenger who knows that arriving before the herd means big profits and clean shoes. This is the journey of the GreenShift Corporation. Updated weekly between COB Friday and Sunday evening. (Disclaimers on Bottom of Site)
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Time Line for Patents
- 17 Aug 2004 Clean Tech filed first COES Provisional Patent Application “050”
- 2004 Inventors Disclosed Technology to ICM. ICM executed Confidentiality Agreement. ICM purchases two authorized COES.p3
- June 2005: Westfalia is still "developing" COES technology while ICM is finally installing the two COES bought from the Inventors the year before
- 2005 The Inventors invited Ethanol manufacturers to symposium to hear about COES – 30% attended.(SkunK's idea on which one)
- 5 May 2005 Clean Tech filed first COES Non-Provisional Patent Application “859”
- 23 Feb 2006 '858 patent publication date.
- 23 Feb 2006 '729 publication date
- 6 May 2009 GERS receives Notice of Allowance for first Patents
- U.S. Patent 7,601,858 issued 13 Oct 2009
- U.S. Patent 7,608,729 issued 27 Oct 2009
- 16 Feb 2010 Notice Of Allowance Issued For Third GreenShift Corn Oil Extraction Patent
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CHAIRMAN of the GERS BOARD
Mr Kevin Kreisler maintains his GERS stock through his holding company: Viridis Capital, LLC. Mr. Kreisler is a graduate of Rutgers University College of Engineering (B.S., Civil and Environmental Engineering, 1994), Rutgers University Graduate School of Management (M.B.A., 1995), and Rutgers University School of Law (J.D., 1997). Served as the Company’s vice president from 1998 to 2000, president from 2000 to 2002, chief executive officer from 2002 to 2005 and has served as the Company’s chairman from 2005 to the present. Admitted to practice law in New Jersey and the United States District Court for the District of New Jersey. Kevin Kreisler is the sole owner of Viridis Capital LLC; GreenSpace Capital, LLC; Incandent Capital, L.L.C. Mr. Kevin Kreisler is about 37 years old.
"Roots" of Greenshift
- Greenshift Corp - until present
- GS Clean Tech Corp - until 2-2008 - 1-50 Reverse Split 12Dec2007
- VERIDIUM CORP until 7-2006
- KBF Pollution Management Inc from 3-1996 until 10-2003 - 1-20 Reverse Split 21Oct03
- KBF Pollution Control Inc 1984-1996
- Kreisler Bags - then - Kreisler Bags and Filtration 1979-1984 (hence "KBF" above)
Technicians and Magicians Behind the Curtain
David Fred Cantrell - Graduate of the University of Georgia where he received a Masters Degree in Poultry Science and Statistics. Co-inventor of COE technology with Dave Winsness. Started: Cantrell Winsness Technologies LLC. Next: CEO of Mean Green Biodiesel. Works out of One Penn Plaza, NY?
Dan Lester - Project Manager, GS CleanTech. Past: Warnecke Design Engineer 2004-2007; Imagetech Inc. Engineer 2001-2004. Education: Devry University EET, Electronics Engineering, 1998 — 2001
Patrick Bush - GreenShift’s Vice President of Biodiesel Technology
Dan Page - Attended 2008 Ethanol Conference for Greenshift Corp from Alpharetta, GA.
Dan Saltzman - Controller Greenshift Corporation
Past: 2001 — 2004 Assistant Controller, New York Mortgage;
1989 — 2000 Assistant Vice President Financial Reporting, Scudder; 1984 — 1997 Bucknell University
Jacqueline Flynn - Controller of GreenShift Corporation since 2006. She is the Chief Financial Officer (CFO) and Chief Accounting Officer for ESYM/ADRN. She is also the CFO for CICS. She has twenty years experience in financial accounting for both public and private companies.
Mary J. Carroll - Worked in GreenShift Administration since at least December of 2003. Presently GreenShift Vice President of Administration.
John W. Davis - John "Whit" Davis, has a B.S. in Civil Engineering from the U.S. Coast Guard Academy and an M.B.A from Boston University. GS CleanTech's new Vice President of Operations (as of PR 22 Jan '07), has a broad base of diversified management, engineering, operational and business development experience. Mr. Davis led the deployment of GS CleanTech's existing Corn Oil Extraction System installations at Little Sioux Corn Processors and Glacial Lakes Energy. Most recently in his career, Mr. Davis was the technical director for special projects at Vortex Dehydration Technology, where he led product design, development and implementation for many applications of the technologies underlying GS CleanTech's Tornado Generator[TM]. Mr. Davis holds the rank of Lt. Commander as a reservist with the U.S. Coast Guard. (One of four original COES Inventors.)
Dan Lester - Project Manager, GS CleanTech. Past: Warnecke Design Engineer 2004-2007; Imagetech Inc. Engineer 2001-2004. Education: Devry University EET, Electronics Engineering, 1998 — 2001
Patrick Bush - GreenShift’s Vice President of Biodiesel Technology
Dan Page - Attended 2008 Ethanol Conference for Greenshift Corp from Alpharetta, GA.
Dan Saltzman - Controller Greenshift Corporation
Past: 2001 — 2004 Assistant Controller, New York Mortgage;
1989 — 2000 Assistant Vice President Financial Reporting, Scudder; 1984 — 1997 Bucknell University
Jacqueline Flynn - Controller of GreenShift Corporation since 2006. She is the Chief Financial Officer (CFO) and Chief Accounting Officer for ESYM/ADRN. She is also the CFO for CICS. She has twenty years experience in financial accounting for both public and private companies.
Mary J. Carroll - Worked in GreenShift Administration since at least December of 2003. Presently GreenShift Vice President of Administration.
John W. Davis - John "Whit" Davis, has a B.S. in Civil Engineering from the U.S. Coast Guard Academy and an M.B.A from Boston University. GS CleanTech's new Vice President of Operations (as of PR 22 Jan '07), has a broad base of diversified management, engineering, operational and business development experience. Mr. Davis led the deployment of GS CleanTech's existing Corn Oil Extraction System installations at Little Sioux Corn Processors and Glacial Lakes Energy. Most recently in his career, Mr. Davis was the technical director for special projects at Vortex Dehydration Technology, where he led product design, development and implementation for many applications of the technologies underlying GS CleanTech's Tornado Generator[TM]. Mr. Davis holds the rank of Lt. Commander as a reservist with the U.S. Coast Guard. (One of four original COES Inventors.)
Christopher Kennedy
Project Manager, 2006-08 Greenshift Ethanol Conf Attendee, Alparetta, GA - About 28 years old
Public History of the Keisler Family
The lovely Mrs. Rachael Kreisler
Rachael is a 1994 Graduate of Lakeside, a private Prep school in Seattle, WA. Rachael is a graduate of The University of the South, with a cum laude bachelor's degree in biological psychology and minors in fine arts and philosophy. One time IBM site designer, worked on Macy's e-commerce site and the redesign of the NYSE site. Founder of Kissykat and Candent Corp. As of March 31, 2008, the Company (GERS) owed Candent Corporation $757,853 (the "Candent Note"). The former president of Candent is the wife of the Company's chairman. All of the issued and outstanding capital stock held by Candent is in trust for the benefit of its former president. The note payable to Candent shall bear interest at a rate of 10% per year and matures November 8, 2010. (P. 21 1st Quarter)
Kreisler Family Involved in GERS
Lawrence M. Kreisler - Lawrence is the sole owner of Serenity Capital, LLC. Built Kreisler Bags, then Kreisler Bags and Filters, then KBF Pollution Control Inc., then KBF Pollution Management Inc. After 1-20 R/S Sept2003 company was taken over by Veridium Corp in Oct2003, controlled by son Kevin. Resigned, effective December 31, 2003, as an officer and director of Veridium Corporation. Continued to work at Veridium's Paterson, New Jersey based recycling facility, that was designed on recycling technologies he invented. His employment was terminated in July 2004 due to irreconcilable philosophical differences in how to best operate and grow that facility. Bronze Parachute included: 100 percent of his salary of $150,000 through December 31, 2004 and 50 percent of his salary through December 31, 2006. Medical benefits until the age of 65. Lawrence is about 61 years old.
Scott Kreisler - Scott is the sole owner of Cyrus Capital, LLC. Brother of Kevin Kreisler, listed as a Beneficial Owner of Veridium Corporation on 4/2/2002 SEC filings. The 2005 annual report also says: "During 2005, Scott Kreisler, brother of Kevin Kreisler, received salaries of $72,700. Scott Kreisler no longer works for the Company." In February 2006, Cyrus Capital, LLC, purchased from GCS Investments $500,000 in convertible debt issuedby GS Clean Tech. During the period ended March 31, 2006, Cyrus effected conversions totaling $280,000, corresponding to 14,000,000 shares of the Company's common stock. During the second quarter 2006 Cyrus effected additional conversions totaling $120,000 into a total of 6,000,000 shares of the Company's common stock.
Kathi A. Kreisler From a 3/30/2001 filing: Kathi Kreisler is a Co-founder of VERIDIUM CORPORATION and served as its President from 1984 through December 1994. She has been a director since March 1984. In January 1995, Ms. Kreisler became vice president, secretary and treasurer of Veridium Corporation. From 1979 to 1984, Ms. Kreisler was a principal in Kreisler Bags and Filtration, Inc., which name was subsequently changed to KBF Pollution Management, Inc. Ms. Kreisler is the wife of Lawrence Kreisler and is the mother of Kevin and Scott Kreisler. During 2005, Kathi Kreisler received salaries of $33,750. During December of 2005, Kathi Kreisler received 3,806,811 shares of the Company's common stock as a settlement of all severance liabilities.
MIF During the first quarter 2008, Minority Interest Fund (II), LLC ("MIF") acquired the Kerns $1,000,000 Debenture. In February 2008, MIF subsequently fully converted this debenture at the rate of $0.16 per share into 6,875,000 shares of Company common stock. The managing member of MIF is a relative of Kevin Kreisler. (p. 23 1st Qtr Rpt)
Scott Kreisler - Scott is the sole owner of Cyrus Capital, LLC. Brother of Kevin Kreisler, listed as a Beneficial Owner of Veridium Corporation on 4/2/2002 SEC filings. The 2005 annual report also says: "During 2005, Scott Kreisler, brother of Kevin Kreisler, received salaries of $72,700. Scott Kreisler no longer works for the Company." In February 2006, Cyrus Capital, LLC, purchased from GCS Investments $500,000 in convertible debt issuedby GS Clean Tech. During the period ended March 31, 2006, Cyrus effected conversions totaling $280,000, corresponding to 14,000,000 shares of the Company's common stock. During the second quarter 2006 Cyrus effected additional conversions totaling $120,000 into a total of 6,000,000 shares of the Company's common stock.
Kathi A. Kreisler From a 3/30/2001 filing: Kathi Kreisler is a Co-founder of VERIDIUM CORPORATION and served as its President from 1984 through December 1994. She has been a director since March 1984. In January 1995, Ms. Kreisler became vice president, secretary and treasurer of Veridium Corporation. From 1979 to 1984, Ms. Kreisler was a principal in Kreisler Bags and Filtration, Inc., which name was subsequently changed to KBF Pollution Management, Inc. Ms. Kreisler is the wife of Lawrence Kreisler and is the mother of Kevin and Scott Kreisler. During 2005, Kathi Kreisler received salaries of $33,750. During December of 2005, Kathi Kreisler received 3,806,811 shares of the Company's common stock as a settlement of all severance liabilities.
MIF During the first quarter 2008, Minority Interest Fund (II), LLC ("MIF") acquired the Kerns $1,000,000 Debenture. In February 2008, MIF subsequently fully converted this debenture at the rate of $0.16 per share into 6,875,000 shares of Company common stock. The managing member of MIF is a relative of Kevin Kreisler. (p. 23 1st Qtr Rpt)
The SkunK on the Big Picture Stuff
Capitalism
"This system is not bad, it is just how things have worked in every functional society since time began. Someone provides a good or service in exchange for receiving a good or service. Money just facilitates making change and keeping score."
Socialism
"A system where more goods and services are provided to those who provide less goods and services." Leads to less goods and services.
Communism
"Where the link to producing goods and services and receiving goods and services is severed. Outdated, shabby or no production follows. Leads in time to a robust Free Enterprise system - starting with a black market."
"This system is not bad, it is just how things have worked in every functional society since time began. Someone provides a good or service in exchange for receiving a good or service. Money just facilitates making change and keeping score."
Socialism
"A system where more goods and services are provided to those who provide less goods and services." Leads to less goods and services.
Communism
"Where the link to producing goods and services and receiving goods and services is severed. Outdated, shabby or no production follows. Leads in time to a robust Free Enterprise system - starting with a black market."
GERS CHART
Disclaimer
**Traditional SkunK Disclaimer.
Note: I am a shareholder - I do not work for, nor do I receive any direct or indirect payment from GERS or anyone associated with them. (But it would be Kapitalist Kool if I did) I will not intentionally mislead - but I can be wrong (ask Mrs. SkunK for specific frequencies) - so do your own due diligence - and take responsibility for your own financial decisions – (and your own life in general) good or bad. I do not give financial advice - I let you look at my dd as I try to make sense of it all and make MY decisions. Make your own! I have been rightfully accused of being a rather cheery, positive individual who laughs at every opportunity. These tendencies may cause me to overlook deficiencies in this stock that are painfully obvious to others. Celebrate today - and some good garage logic luck to ya.
SkunK
(Blogger formerly know as Skunk)
Disclaimer for those who need additional clarification. . .
My beliefs and the financial strategies discussed on this site are not to be used without proper financial analysis of your personal situation. Better yet, you do not have my permission to use them at all. I strongly suggest you seek help of a financial advisor or, even better, a Certified Financial Planner in order to assist you in any financial planning. I am not selling or advising you to buy any financial products. I am not selling or advising you to buy this stock or any other stock! I am just blogging about one of my favourite subjects! This is a hobby for me and should only be entertainment for you. You may analyse my opinions and determine if they suit you or not. I hope that your personal finance path to your goals will be covered with success and profit. Enjoy your reading.
Additional Disclaimer for the real knukleheads . . . .
Look, if your still reading this disclaimer and haven't figured out my name is SkunK and I don't know nothin' then you really need help. If you still want to blindly go out and do whatever some dude on the internet does then I can't help you. If you are not emotionally secure enough to suffer another's opinion - then turn the dang channel. Quickly seek a mental health professional! I am not one of them either!
Still do not understand? This is for the Lawyers (lol)
DISCLAIMER: The author is not a registered stockbroker nor a registered advisor and does not give investment advice. His comments are an expression of opinion only and should not be construed in any manner whatsoever as recommendations to buy or sell a stock, option, future, bond, commodity, index or any other financial instrument at any time. While he believes his statements to be true, they always depend on the reliability of his sources. The author recommends that you consult with a qualified investment advisor, one licensed by appropriate regulatory agencies in your legal jurisdiction, before making any investment decisions, and that you confirm the facts on your own before making important investment commitments.
Note: I am a shareholder - I do not work for, nor do I receive any direct or indirect payment from GERS or anyone associated with them. (But it would be Kapitalist Kool if I did) I will not intentionally mislead - but I can be wrong (ask Mrs. SkunK for specific frequencies) - so do your own due diligence - and take responsibility for your own financial decisions – (and your own life in general) good or bad. I do not give financial advice - I let you look at my dd as I try to make sense of it all and make MY decisions. Make your own! I have been rightfully accused of being a rather cheery, positive individual who laughs at every opportunity. These tendencies may cause me to overlook deficiencies in this stock that are painfully obvious to others. Celebrate today - and some good garage logic luck to ya.
SkunK
(Blogger formerly know as Skunk)
Disclaimer for those who need additional clarification. . .
My beliefs and the financial strategies discussed on this site are not to be used without proper financial analysis of your personal situation. Better yet, you do not have my permission to use them at all. I strongly suggest you seek help of a financial advisor or, even better, a Certified Financial Planner in order to assist you in any financial planning. I am not selling or advising you to buy any financial products. I am not selling or advising you to buy this stock or any other stock! I am just blogging about one of my favourite subjects! This is a hobby for me and should only be entertainment for you. You may analyse my opinions and determine if they suit you or not. I hope that your personal finance path to your goals will be covered with success and profit. Enjoy your reading.
Additional Disclaimer for the real knukleheads . . . .
Look, if your still reading this disclaimer and haven't figured out my name is SkunK and I don't know nothin' then you really need help. If you still want to blindly go out and do whatever some dude on the internet does then I can't help you. If you are not emotionally secure enough to suffer another's opinion - then turn the dang channel. Quickly seek a mental health professional! I am not one of them either!
Still do not understand? This is for the Lawyers (lol)
DISCLAIMER: The author is not a registered stockbroker nor a registered advisor and does not give investment advice. His comments are an expression of opinion only and should not be construed in any manner whatsoever as recommendations to buy or sell a stock, option, future, bond, commodity, index or any other financial instrument at any time. While he believes his statements to be true, they always depend on the reliability of his sources. The author recommends that you consult with a qualified investment advisor, one licensed by appropriate regulatory agencies in your legal jurisdiction, before making any investment decisions, and that you confirm the facts on your own before making important investment commitments.
When you're one step ahead of the crowd you're a genius. When you're two steps ahead, you're a crackpot.
--Rabbi Shlomo Riskin
First they ignore you. Then they laugh at you. Then they fight you. Then you win.
-- Gandhi
Remember the only reason the herd is on the move is because they finally figured out the last place they rushed off to was wrong! -- SkunK
Git your dirty feet off the furniture! -- Mrs. SkunK
--Rabbi Shlomo Riskin
First they ignore you. Then they laugh at you. Then they fight you. Then you win.
-- Gandhi
Remember the only reason the herd is on the move is because they finally figured out the last place they rushed off to was wrong! -- SkunK
Git your dirty feet off the furniture! -- Mrs. SkunK
SkunK's Free GERS Video Store
Posts
It just don't fit anywhere else!
SkunK's Public Library; Magazine Section
- June 2008 Bio-Diesel Mag - New Bio-Diesel method that can use corn oil
- Marion (3rd COE) site and COE/Biodiesel
- Dr. Bayless explains Algae process he sold to Greenshift
- Our Algae slime is 94% starch and 6% oil
- and the super "algae" comes from Yellowstone
- Biodiesel Nov 2006 - The Matchmaker
- Forbes Dan Fisher Article
- Distillers Grain Quarterly - 2007 1st Quarter - "COE Opens New Markets"
5 comments:
While I do believe what you are saying with your optimmism here skunk and feel the same way myself. Let's not get overly optomistic. The reality is this. If the judge is moved to a percentage number rather than the process itself that could be bad. It is a trick of the defense to get a percentage number at wich point all they would have to do is to detune the installations one percentage point below what is established and say ok we are not infringing our installations only put out x%. And they could continue istalling new installations at this rate, giving said percentage discounts on their royalties to make up the difference to their clients to the point at wich their clients was getting the same benefit that greenshift custommers where. It would cut into icm's profits yes but it would not be the victory that we are looking for. I'm generally optomistic about the trial and I do believe the greenshift lawyers will find a way to put a stop to icm's fiasco. But now they have to do just that to me this shows some incompetance on the behalf of the greenshift lawyers as they should have objected at that point and stated its a process not a % patent. It should be also considderred like the differance between the hammermill and the tornadoe. So let's keep it real. Very informative article and good dd nice work skunk its just not what we was hoping to hear those of us who are realist. That is a painful truth for us. But I do still have confidence in the greenshift team of lawyers.
Looks like a good result for Greenshift.
Motion is denied that Greenshift has to further define"substantially oil free"
The judge affirms that the Markman ruling has been held and ruled, they had there chance to argue about claim construction tems, they have missed the bus on that one, we have moved past that stage.
It would seem that the only way the patant can be declared invalid is due to not being definite enough. It looks like the judge at the moment is happy with the terminology. I think a layman can understand "substantially oil free" it does not need an expert skilled in the art. The burden is on the defendants to prove otherwise, I do not see how it can be done.
I think the very worst case scenario is we have to apply a % number to Oil free, and that does not look like it will happen.
It is a great judgement for Greenshift, another step on the road. It looks more and more like they will win the case, after that it will just be about the money!!
totaltruth,
ICM doesn't charge a royalty to their customers. It's a one-time fee, which means there won't be any way to offset all future lost gains from installing a separation system that doesn't actually separate much of the oil for sale. Those who already have an infringing system have already paid for them, or financed them, so there's no way for them to recoup those future losses. Which ethanol plant would want to deal with that, when the alternative (GERS COES) is to make more money by extracting as much oil as possible? In addition, if the litigation is lost by the defendants, they still need to cough up back royalties, so I don't see this as bad in any way. This is a win, specifically because the defendants are not getting what they asked for.
They dont charge royaltys cause they dont have any patents to get a royalty on. who would pay a royalty on a system getting less oil with nonexistant patents? Better to license and make more money even after royalty to Gers. hard to believe infringers still trying to change markman hearing six months after ruling DENIED
Oh my Dear Lord!
The last time I said that is when I broke the GPRE news!
http://messages.finance.yahoo.com/Business_%26_Finance/Investments/Stocks_%28A_to_Z%29/Stocks_G/threadview?bn=77822&tid=26381&mid=26381
I believe I've stumbled upon substantial news!
This is big!
I'll get this out to you all as soon as possible!(Unless someone beats me to it)...Dig Greenshifters! Dig!
!$!$!$!$!$!$!$!$!$!$!$!$!$!$!$!$!$!$
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