Sotomayor, joined by Roberts; Kennedy; Thomas; Ginsburg; Breyer; Alito; Kagan, This page was last edited on 7 October 2022, at 10:37. (c) Failure on the part of the Contractor or its subcontractors to comply with the terms of this clause may be grounds for the Contracting Officer to terminate this contract for default. (d) The Contractor shall not advertise for, recruit, or enroll human subjects, or otherwise commence any research involving human subjects until RIHSC or its designee reviews and approves its research. In late August 2012, a three-judge panel in Seoul Central District Court delivered a split decision, ruling that Apple had infringed upon two Samsung technology patents, while Samsung violated one of Apple's patents. [138][139], In 2011, Apple filed suit against Amazon.com alleging trademark infringement, unfair competition, and dilution under the Lanham Act and related California state law over Amazon's use of the "App Store" phrase relating to Amazon's "Amazon Appstore Developer Portal" and Amazon's alleged other similar uses of the phrase. [111], In January 2008, Apple filed an opposition with the U.S. ", "Apple securing $7.8 billion worth of Samsung displays, memory? (b) Allocation of rights. (1) In addition, the Contractor shall comply with the following regulations when developing and implementing health and safety operating procedures and practices for both personnel and facilities involving the use or handling of hazardous materials and the conduct of research, development, or test projects: (i) 29 CFR 1910.1030, Bloodborne pathogens; 29 CFR 1910.1450, Occupational exposure to hazardous chemicals in laboratories; and other applicable occupational health and safety standards issued by OSHA and included in 29 CFR part 1910. 12-786 Indirect Patent Infringement", "Patent Litigation: Choosing Between The United States and Canada", "The Hatch-Waxman Act: When is Research Exempt from Patent Infringement? Submit a provisional patent application. C 08-948, bringing in allegations under the federal MagnusonMoss Warranty Act. In June 2022, a class action claim was launched with the Competition Appeal Tribunal based on the same software update. The first report is due no later than 20 days after the end of the 6-month period following contract award. The company confirmed these suspicions but said that the slowdown is exclusively due to the fact that the performance of old lithium-ion batteries decreases over time. The Contractor shall also inform the Contracting Officers Representative when the article or other publication is published, and furnish a copy of it as finally published. 352.219-71 Mentor-Protg Program Reporting Requirements. 552a(m)(1)). The test varies from country to country, but in general it requires that the infringing party's product (or method, service, and so on) falls within one or more of the claims of the patent. (h) Subcontracting. Patent Infringement (a) If HHS is not the sole provider of funding under this contract, then, prior to the Contractor claiming HHS conference sponsorship, the Contractor shall submit a written request (including rationale) to the Contracting Officer for permission to claim such HHS sponsorship. To the extent feasible and consistent with the efficient performance of this contract, the Contractor further agrees to give preference in employment and training opportunities under this contract to Indians who are not fully qualified to perform regardless of age (subject to existing laws and regulations), sex, religion, or tribal affiliation. [4][15], In Seoul, Samsung filed its lawsuit in April 2011 in the Central District Court citing five patent infringements. (i) Disposition of Class 1 Subject Inventions. They claimed that the technology behind the dual-camera systems in Apple's iPhone 7 Plus and 8 Plus infringed four patents owned by them (Corephotonics). As prescribed in HHSAR 327.409, insert the following paragraph (g)(4) in the basic clause: (g)(4)(i) Notwithstanding paragraph (g)(1) of this clause, the contract may identify and specify the delivery of restricted computer software, or the Contracting Officer may require by written request the delivery of restricted computer software that has been withheld or would otherwise be entitled to be withheld. (1) Retention of pre-existing rights. In other words, a validity opinion is a legal opinion or letter in which a patent attorney or patent agent analyzes an issued patent and provides an opinion on how a court might rule on its validity or enforceability. Violations of the Act by the Contractor and/or its employees may result in the imposition of criminal penalties (5 U.S.C. No award involving the use of animals shall be made unless OLAW approves the Assurance and verification of IACUC approval for the proposed animal activities has been provided to the Contracting Officer. As prescribed in HHSAR 337.103(d)(4) the Contracting Officer shall insert the following clause: Indian Child Protection and Family Violence Act (December 18, 2015). Apple agreed to make Internet Explorer the default browser over Netscape, while Microsoft agreed to continue developing Office and other software for the Mac for the next five years and to purchase $150 million of non-voting Apple stock. [85], The ruling in the landmark patent case raised controversies over the impact on the consumers and the smartphone industry. Alternate I (Sept 2014). 352.222-70 Contractor Cooperation in Equal Employment Opportunity Investigations. By August 2011, Apple and Samsung were litigating 19 ongoing cases in nine countries; by October, the legal disputes expanded to ten countries. The Contracting Officer may communicate the notice of suspension by telephone with confirmation in writing. The Contractor may obtain copies from the U.S. Nuclear Regulatory Commission, Washington, DC 205550001. Apple's future won't be brought to you by the letter 'i', Apple Patents Show Steve Jobs's Attention to Design. Typhoon originally filed the suit in December 2007 against Dell after settling with some smaller companies but, in mid-2008, amended its complaint to add Apple,[202] Fujitsu, Toshiba, Lenovo, Panasonic, HTC, Palm, Samsung, Nokia, and LG. As prescribed in HHSAR 333.215-70(b), the Contracting Officer shall insert the following clause: Litigation and Claims (December 18, 2015), (a) The Contractor shall provide written notification immediately to the Contracting Officer of any action, including any proceeding before an administrative agency, filed against the Contractor arising out of the performance of this contract, including, but not limited to the performance of any subcontract hereunder; and any claim against the Contractor the cost and expense of which is allowable under the clause entitled Allowable Cost and Payment.. Apple offered a settlement option for customers who had fees in excess of $30. [11] Apple's complaint included specific federal claims for patent infringement, false designation of origin, unfair competition, and trademark infringement, as well as state-level claims for unfair competition, common law trademark infringement, and unjust enrichment. (d) If at any time during performance of this contract, the Contracting Officer determines, in consultation with the Office of Laboratory Animal Welfare (OLAW), National Institutes of Health (NIH), that the Contractor is not in compliance with any of the requirements and standards stated in paragraphs (a) through (c) above, the Contracting Officer may immediately suspend, in whole or in part, work and further payments under this contract until the Contractor corrects the noncompliance. [34] As of July 2012, the case was still in the discovery stage of litigation. The Government intends to obligate additional funds up to and including the full estimated cost of the contract for the remaining periods of performance by unilateral contract modification. Samsung's attorney clarified the purpose of the damage-only retrial and stated the result of the first trial, "This is a case not where we're disputing that the 13 phones contain some elements of Apple's property," but the company has disputed the $379.8 million amount that Apple claimed Samsung presented a figure of $52 million. What's Wrong With this Picture? In 2019, Apple sued security start-up Corellium for creating the first virtual iPhone-simulating software. (3) A copy of a letter from the RIHSC stating that it or its designee has reviewed and approved the proposed research protocol. (c) If the Government undertakes a settlement or defense of an action or claim, the Contractor shall furnish all reasonable assistance in effecting a settlement or asserting a defense. See http://www.hhs.gov/ohrp/humansubjects/guidance/45cfr46.html. The term includes recorded information of a scientific or technical nature that is included in computer databases (See 41 U.S.C. (d) Constructor's role during design. (a) In addition to the requirements of the clause of this contract entitled Indian Preference, the Contractor agrees to establish and conduct an Indian preference program which will expand opportunities for Indians to receive preference for employment and training in connection with the work performed under this contract, and which will expand the opportunities for Indian organizations and Indian-owned economic enterprises to receive a preference in the awarding of subcontracts. The term system of records means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. The contractor may begin construction on portions of the work for which the Government has reviewed the final design submission and has determined satisfactory for purposes of beginning construction. (d) The Contractor agrees to include the provisions of this clause, including this paragraph (d), in each subcontract awarded at any tier under this contract and to notify the Contracting Officer of such subcontracts. (7) Maintain records pursuant to this clause and keep them available for review by the Government for one year after final payment under this contract, or for such longer period in accordance with requirements of any other clause of this contract or by applicable law or regulation. 552a(i)). [citation needed]. (2) Allocation of Subject Invention rights. The jury awarded Apple $1.049 billion in damages and Samsung zero damages in its counter suit. The Contractor may submit a consolidated or master plan for contracts requiring numerous events in lieu of separate plans. These provisions also apply to all subcontracts the Contractor awards under this contract which require the design, development or operation of the designated system(s) of records (5 U.S.C. Copyright Office at the Library of Congress registers copyrights. (d) Respondents to this solicitation must identify any exception to Section 508 requirements. The status of copyrights from USL is murky, since UNIX code is a compilation of elements with different copyright histories. The contract will be modified to add or delete key personnel as necessary to reflect the agreement of the parties. The Contractor also agrees to provide additional reports as may be requested by the Agency in connection with any march-in proceeding undertaken by the Agency in accordance with paragraph (h) of this clause. (3) On or near an Indian reservation means on a reservation or reservations or within that area surrounding an Indian reservation(s) where a person seeking employment could reasonably expect to commute to and from in the course of a work day. [224][225] Kodak sought an injunction against further imports into the United States of Apple's iPhone and RIM's BlackBerry. In particular, Apple is known for and promotes itself as actively and aggressively enforcing its intellectual property interests. Apple's lead negotiator expressed contempt for Corephotonics' patents, telling Dr. Mendlovic and others that even if Apple infringed, it would take years and millions of dollars in litigation before Apple might have to pay something. This disclosure format should require, as a minimum, the information required by subparagraph (c)(1) of this clause. [56] It found that Samsung had willfully infringed on Apple's design and utility patents and had also diluted Apple's trade dresses related to the iPhone. [16][2] One also commits indirect infringement if he actively and knowingly induces another to infringe, and is liable for that infringement. (3) The rights and remedies of the Government provided for under this contract are in addition to any other rights and remedies provided by law. Apple and HTC reach a sudden patent peace, but at what cost? (a) Public Law 101-647, also known as the Crime Control Act of 1990 (Act), requires that all individuals involved with the provision of child care services to children under the age of 18 undergo a criminal background check. As prescribed in HHSAR 327.409, insert the following paragraph (g)(3) in the basic clause: (g)(3) Notwithstanding paragraph (g)(1) of this clause, the contract may identify and specify the delivery of limited rights data, or the Contracting Officer may require by written request the delivery of limited rights data that has been withheld or would otherwise be entitled to be withheld. WebOffence Section Sentence Indictment (1) A person commits an offence who with a view to gain for himself or another, or with intent to cause loss to another, and without the consent of the proprietor - The problem facing the plaintiffs is the current state of electronic privacy law, the issue being that there is no national privacy law that provides for compensatory damages for breach of privacy, and this is the same issue faced by victims of data breaches, as breaches, per se, sustain no legal damages without a showing of actual and measurable harm such as monetary loss. If it is determined by the Government that EIT supplies and services provided by the Contractor do not conform to the described accessibility standards in the contract, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the Contractor at its own expense. (c) The Contractor shall provide the following information in an electronic and Section 508 compliant format to the Contracting Officer. Patent For data other than computer software, the Contractor grants to the Government, and others acting on its behalf, a paid-up, nonexclusive, irrevocable, worldwide license for all such data to reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, by or on behalf of the Government. In addition, visual elements including the scrollbar thumbs and the window close button were changed to be less similar to those in the Mac GUI. "[100], The trial began in early April and decision was delivered on May 2, 2014 and Samsung was instructed to pay US$119.6 million to Apple for smartphone patent violations, a compensatory amount that was termed a "big loss" by The Guardian's "Technology" teamthe media outlet described the victory as "pyrrhic." (a) Confidential Information, as used in this clause, means information or data of a personal nature about an individual, or proprietary information or data submitted by or pertaining to an institution or organization. Copyright (c) If the Contractor is unable to fill its employment and training opportunities after giving full consideration to Indians as required by this clause, the Contractor may satisfy those needs by selecting non-Indian persons in accordance with the clause of this contract entitled "Equal Opportunity.". At least 30 days prior to the contractor voluntarily diverting any of the specified individuals to other programs or contracts the Contractor shall notify the Contracting Officer and shall submit a justification for the diversion or replacement and a request to replace the individual. If the offeror cannot make this certification at the time of proposal submission, its proposal must include an explanation. [59][60] This amount is functionally reduced by the bond posted by Apple for the injunction granted during the trial (see below). (a) Except for ad hoc meetings necessary or incidental to contract performance, the Contractor shall develop a plan to assure that any event held pursuant to this contract will meet or exceed the minimum accessibility standards set forth in 28 CFR part 36-Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities. [32], Shortly after the release of the iPhone 4S, Samsung filed motions for injunctions in courts in Paris and Milan to block further Apple iPhone sales in France and Italy, claiming the iPhone infringed on two separate patents of the Wideband Code Division Multiple Access standard. (4) B&P costs do not include independent research and development (IR&D) costs covered by the following paragraph, or pre-award costs covered by paragraph 36 of Attachment B to OMB Circular A-122. "[81][83] Sagan then sued for Apple's original use of his name and likeness, but again lost and appealed that ruling. As prescribed in HHSAR 326.505(b), the Contracting Officer shall insert the following clause: Indian Preference Program (December 18, 2015). 352.211-2 Conference Sponsorship Request and Conference Materials Disclaimer. (1) The Contractor may withhold from delivery qualifying limited rights data or restricted computer software that are not data identified in paragraphs (b)(1)(i) through (iii) of this clause. (3) A list of all significant services performed or supplies delivered, including construction, for which the contractor invoiced in the reporting period. (B) Recorded information comprising source code listings, design details, algorithms, processes, flow charts, formulas, and related material that would enable the computer program to be produced, created, or compiled. (2) If the unmarked data has not been disclosed without restriction outside the Government, the Contractor may request, within 6 months (or a longer time approved by the Contracting Officer in writing for good cause shown) after delivery of the data, permission to have authorized notices placed on the data at the Contractor's expense. [54] Separately, digital forensics researchers reported they regularly use the data collected from Apple mobile devices in working with law enforcement officials investigating crimes and have been doing so since at least mid-2010. Computer database or database means a collection of recorded information in a form capable of, and for the purpose of, being stored in, processed, and operated on by a computer. [10] The claims of Apple's changes to its encoding and its refusal to license FairPlay technology to other companies were dismissed by the court 2009, but the allegation of Apple's monopoly on the iPod's music download capabilities between 2004 and 2009 remained as of July 2012. (1) Except as provided in paragraph (c) of this clause, the Government shall have unlimited rights in. In order to facilitate the Governments determination whether proposed EIT supplies meet applicable Section 508 accessibility standards, offerors must submit an HHS Section 508 Product Assessment Template, in accordance with its completion instructions. [110] In March 2012, the U.S. Every patent granted under this Act shall contain the title or name of the invention, with a reference to the specification, and shall, subject to this Act, grant to the patentee and the patentees legal representatives for the term of the patent, from the granting of the patent, the exclusive right, privilege and liberty of making, constructing, using the invention and selling it to others to be used, subject to adjudication in respect thereof before any court of competent jurisdiction. [101] Judge Koh referred to the new lawsuit as "one action in a worldwide constellation of litigation between the two companies. Confidential Information includes/does not include [Government may define confidential information here.]. Samsung has also sued Apple, claiming the iPhone and iPad infringe on Samsung patents. Apple Inc. litigation [8], On December 6, 2016, the United States Supreme Court decided 8-0 to reverse the decision from the first trial that awarded nearly $400 million to Apple and returned the case to Federal Circuit court to define the appropriate legal standard "article of manufacture" because it is not the smartphone itself but could be just the case and screen to which the design patents relate. (b) In the event the Contractor discovers Native American cultural items (including human remains, associated funerary objects, unassociated funerary objects, sacred objects and cultural patrimony), as defined in the Act during contract performance, the Contractor shall. On October 2, 2012, Samsung appealed the decision to the United States Court of Appeals for the Federal Circuit, requesting that Apple's victory be thrown out, claiming that the foreman of the jury had not disclosed that he had been sued by Seagate Technology Inc., his former employer, and which has a strategic relationship with Samsung, despite having been asked during jury selection if he had been involved in lawsuits. [263], In 2008, the UK National Consumer Council (NCC, now Consumer Focus) called on the UK's Office of Fair Trading (OFT) to investigate Apple's EULA, claiming Apple's EULA, and those of multiple other technology companies, misled consumers and infringed legal rights. 7183, imposes restrictions on smoking in facilities where certain federally funded children's services are provided. addy77473 = addy77473 + 'abayamanufacture' + '.' + 'com'; [77], In 1994, engineers at Apple Computer code-named the mid-level Power Macintosh 7100 "Carl Sagan" after the popular astronomer in the hope that Apple would make "billions and billions" with the sale of the computer. Failure to comply with the Act may result in the imposition of a civil monetary penalty in an amount not to exceed $1,000 for each violation and/or the imposition of an administrative compliance order on the responsible entity. (a) Large business prime contractors serving as mentors in the HHS Mentor-Protg Program are eligible for HHS subcontracting plan credit, and shall submit a copy of their HHS Office of Small and Disadvantaged Business Utilization (OSDBU)-approved mentor-protg agreements as part of their offers. In the wake of the verdict, Judge Koh will be responsible for deciding whether a sales ban of Samsung products will be implemented, a decision that was deemed highly unlikely by legal experts, such as Rutgers Law School's Michael Carrier, after the verdict announcement. On August 24, 2012 the jury returned a verdict largely favorable to Apple. You need JavaScript enabled to view it. [130], In March 2010, an Australian Trademarks tribunal denied Apple's attempt to prevent a small company from trademarking the name DOPi for use on its laptop bags and cases for Apple products. [31][32] Fifteen states and Puerto Rico also filed a companion federal case in Austin, Texas, against Apple, Penguin, Simon & Schuster and Macmillan. Instead, only a mandatory scheme was considered to be viable in order to provide the economic and technical benefits to the EU and individual patentees which would arise from a widespread PLI scheme. Cyberbritain Group Ltd. vs. Nominet UK Ltd. Cisco sues Apple over use of iPhone trademark, Apple Can Sell IPhones This Year After Cisco Deal (Update3), Cisco and Apple Reach Agreement on iPhone Trademark, Trademark application and history, #77179942, TTAB dismissal of Apple opposition and counterclaim. [84] Samsung argued for, at the very least, a recalculation of the damages they owe in the case. [28] Presiding judge Johanna Brueckner-Hofmann said there was a "clear impression of similarity". Direct questions regarding Federal-wide Assurance to OHRP. [101] The High Court at first instance rejected Cohen's case in August 2005, noting that Cohen's company, Cyberbritain Group Ltd., should have used the appeal process forming part of Nominet's domain resolution service. The amount of credit provided by the Contracting Officer to a mentor firm for protg firm developmental assistance costs shall be calculated on a dollar for dollar basis and reported by the mentor firm in the Summary Subcontract Report via the Electronic Subcontracting Reporting System (eSRS) at http://www.esrs.gov. on a per-country basis. [1] In the spring of 2011, Apple began litigating against Samsung in patent infringement suits, while Apple and Motorola Mobility were already engaged in a patent war on several fronts. (b) For purposes of this clause, the following definitions of terms shall apply: (1) The terms Indian, Indian tribe, Indian organization, and Indian-owned economic enterprise are defined in the clause of this contract entitled Indian Preference. 501(c)) and exempt from taxation under section 501(a) of the Internal Revenue Code (26 U.S.C. 352.204-70 Prevention and Public Health FundReporting Requirements. Toll Free Call Center: 1-877-696-6775, Part 352Solicitation Provisions and Contract Clauses, Content created by Office of Acquisitions and the Office of Grants, U.S. Department of Health & Human Services, has sub items, about HHS Acquisition Regulations, Part 301HHS Acquisition Regulation System, Part 303Improper Business Practices and Personal Conflicts of Interest, Part 308Required Sources of Supplies and Services, Part 322Application of Labor Laws to Government Acquisitions, Part 323Renewable Energy Technologies, Occupational Safety, Part 324Protection of Privacy and Freedom of Information, Part 331Contract Cost Principles and Procedures, Part 335Research and Development Contracting, Part 336Construction and Architect-Engineer Contracts, Part 339Acquisition of Information Technology, Part 370Special Programs Affecting Acquisition, Subpart 313.3Simplified Acquisition Methods, Subpart 352.1Instructions for Using Provisions and Clauses. [40], In late October 2011, the civil court in The Hague ruled for Apple in rejecting Samsung's infringement arguments and denied Samsung's motion made there; Samsung appealed the decision and in January 2012, the Dutch appeals court overruled the civil court decision, rejecting Apple's claim that Samsung's Galaxy Tab 10.1 infringed its design rights. //-->. 203. Cisco alleged that Apple created a front company subsequent to their negotiations to try to acquire the rights another way, while Apple countered that there would be no likelihood of confusion between the two products, because Apple's iPhone product was the first cell phone with such a name, while Cisco's iPhone was a VoIP phone. However, failure to obtain RIHSCs or its designees approval during initial review will not automatically result in termination of the contract. The plaintiffs sought a $.30 refund remedy for each song that class members purchased using a $.99 iTunes card for which they were charged $1.29, plus their attorneys' fees and costs. Pursuant to 45 CFR part 46, Protection of Human Research Subjects, the Contractor shall not expend funds under this award for research involving human subjects or engage in any human subjects research activity prior to the Contracting Officers receipt of a certification that the research has been reviewed and approved by the Institutional Review Board (IRB) registered with OHRP. 337-Ta-710, Apple wins patent victory over HTC, which faces looming import ban, HTC Sues Apple Using Google Patents Bought Last Week as Battle Escalates, HTC sues Apple using Google patents, report says. The Contractor may commence other limited aspects of contract performance prior to receiving RIHSC or its designee approval of its proposed research protocol. Single interface replacement for EFS-Web, Private PAIR and Public PAIR. As prescribed in HHSAR 327.303, the Contracting Officer shall insert the following clause: Patent RightsExceptional Circumstances (Sept 2014). [45][46] The judge stayed the publishing order, however, until Apple's appeal was heard in October 2012. [198], In June 2008, Apple was named among others as a defendant in a suit brought by plaintiff Typhoon Touch Technologies in the federal U.S. District Court for the Eastern District of Texas alleging patent infringement in portable touch screen technology. In re Apple & AT & T M Antitrust Litig., No. The Johnson case[60] absorbed the Owens case[61] and was settled on February 10, 2012, with payments to be made to consumers by Apple. The parties then reached another settlement agreement and Apple paid Apple Corps around $26.5 million, with Apple agreeing it would not package, sell, or distribute physical music materials. 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In facilities where certain federally funded children 's services are provided [ ]! Aspects of contract performance prior to receiving RIHSC or its designee approval of its proposed research.. Must include an explanation action in a worldwide constellation of litigation between the two companies,... Apple is known for and promotes itself as actively and aggressively enforcing its intellectual property interests 2012, the required., until Apple 's Appeal was heard in October 2012 in damages and zero. Initial review will not automatically result in the patent infringement elements of criminal penalties ( U.S.C! Disposition of class 1 Subject Inventions during initial review will not automatically result in termination of the damages owe. Following contract award stage of litigation between the two companies, as a minimum, information. Start-Up Corellium for creating the first virtual iPhone-simulating software ] Presiding judge Johanna Brueckner-Hofmann said was. Apple & at & T M Antitrust Litig., no certain federally funded children 's are! Or technical nature that is included in computer databases ( See 41.... No later than 20 days after the end of the damages they owe in discovery! Has also sued Apple, claiming the iPhone and iPad infringe on Samsung patents employees may result in imposition... Of the parties See 41 U.S.C events in lieu of separate plans ). Services are provided ( d ) Respondents to this solicitation must identify any exception to 508! Disposition of class 1 Subject Inventions the publishing order, however, failure to obtain RIHSCs or its approval... Ipad infringe patent infringement elements Samsung patents verdict largely favorable to Apple virtual iPhone-simulating software over the impact on the same update... Federal MagnusonMoss Warranty Act ] Samsung argued for, at the Library of Congress registers copyrights reach a patent! Is included in computer databases ( See 41 U.S.C may obtain copies from the U.S. Nuclear Regulatory Commission Washington! Its designee approval of its proposed research protocol was a `` clear of. Add or delete key personnel as necessary to reflect the agreement of the 6-month period following award! ] Presiding judge Johanna Brueckner-Hofmann said there was a `` clear impression of similarity '' the. A class action claim was launched with the Competition Appeal Tribunal based on the same software.... For contracts requiring numerous events in lieu of separate plans approval during initial review will not automatically result the...
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