Additionally, the Company markets its patented Q-Unitand Q-Cuptechnology. HCMC believes that their patent rights are being infringed with IQOS, an alternative tobacco product marketed and sold by Phillip Morris. The legal battle with Philip Morris is still ongoing and the outcome is unknown. Additional written or oral forward-looking statements may be made by the Company from time to time in filings with the Securities and Exchange Commission (SEC) or otherwise. Healthier Choices seeks a judgment that Defendants directly infringe, induce infringement of, and contribute to infringement of one or more claims of the 170 patent by the importation, distribution, offer for sale, and sale in the United States of Defendants IQOS, Entry of judgment under 35 U.S.C. You can find out more about these topics at the following links! /s/Alycen MossAlycen MossGeorgia Bar No. an iQOS User Guide. (SeeExh. Additional written or oral forward-looking statements may be made by the Company from time to time in filings with the Securities and Exchange Commission (SEC) or otherwise. HOLLYWOOD, FL, April 12, 2023 (GLOBE NEWSWIRE) Healthier Choices Management Corp. (OTC Pink: HCMC) announced today that the U.S. Court of Appeals for the Federal Circuit ruled in favor of HCMC on two separate appeals it had filed in its patent infringement action against Philip Morris USA, Inc. and Philip Morris Products S.A. pending in the district court for the Northern District of Georgia. Factors that may affect our future results of operations and financial condition include, but are not limited to, fluctuations in demand for our products, the introduction of new products, our ability to maintain customer and strategic business relationships, the impact of competitive products and pricing, growth in targeted markets, the adequacy of our liquidity and financial strength to support its growth, and other information that may be detailed from time-to-time in our filings with the SEC. In the second appeal, HCMC appealed the District Courts award of attorneys fees to Philip Morris. An error has occurred, please try again later. 10:21-22.) The results reflect performance of a strategy not historically offered to investors and does not represent returns that any investor actually attained. Amethodof atleastpartially combustinga combustible material for inhalation, comprising:providing an electronic pipe comprising a battery, an electronic module, a combustible material reservoir, and a heating element fixed in the combustible material reservoir;loading the combustible material into the combustible material reservoir; activating the electronic pipe such that electric current is transmitted from the battery to the heating element;initiating, by way of the heating element, a combustion reaction in the combustible material reservoir, the combustion reaction at least partially combusting the combustible material.(Exh. Claims 1 and 5 of the 170 patent require an electronic pipe comprising a battery, an electronic module, a combustible material reservoir, and a heating element fixed in the combustible material reservoir. (Exh. D-I. This press release contains forward-looking statements within the meaning of that term in the Private Securities Litigation Reform Act of 1995 (Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934). On information and belief, the Holder portion of the Accused Infringing Product is an electronic pipe that includes a rechargeable battery that provides power to the device, including the heating blade, which is fixed within a reservoir into which a combustible material (i.e., an IQOS, Claim 1 of the 170 patent further requires combustible material loaded into the combustible material reservoir. (Exh. of each and every limitation of at least claim 1 of the 170 patent under 35 U.S.C. 271(b) and/or (c). Through its wholly owned subsidiary HCMC Intellectual Property Holdings, LLC, the Company manages and intends to expand its intellectual property portfolio. Your email address will not be published. (www.MotherEarthStorehouse.com), Greens Natural Foods eight stores in New York and New Jersey, offering a selection of 100% organic produce and all-natural, non-GMO groceries & bulk foods; a wide selection of local products; an organic juice and smoothie bar; a fresh foods department, which offers fresh and healthy grab & go foods; a full selection of vitamins & supplements; as well as health and beauty products (www.greensnaturalfoods.com). 10:15-29.). Statements contained in this press release that are not historical facts are forward looking statements made pursuant to the safe harbor provisions of the Private Securities Litigation Reform Act of 1995, and are based on management's estimates, assumptions and projections and are not guarantees of future performance. District for the purpose of offering for sale, selling, using, and/or instructing its customers how to use the accused infringing product. J at 40-41 (the THS [Tobacco Heating System] aerosol contains substantially lower levels of HPHCs [Harmful and Potentially Harmful Constituents] compared to cigarette smoke.Importantly, nitrogen oxides (NOx) and carbon monoxide (CO), two important combustion markers, were reduced by over 97%.).) Healthier Choices Management Corp. 3800 North 28th Way, #1 Hollywood, FL 33020 Office: 305-600-5004 Website: www.HealthierCMC.comEmail: ir@hcmc1.com. Philip . Either way it's a win for the stock though. Healthier Choices Management is suing Philip Morris International (NYSE: PM ) over patent infringement . PM continues to surprise us (In a Good Way) with their replies! 10,561,170 (the 170 patent), arising under the United States patent laws, Title 35, United States Code 100,et seq., including 35 U.S.C. On information and belief, Philip Morris USA owns and maintains retail establishments at the Lenox Square shopping center with an address of 3393 Peachtree Rd. (Moss, Alycen) December 29, 2020: Filing 18 ORDER granting #17 Motion for Extension of Time to Answer, Philip Morris USA, Inc. Answer due 1/27/2021. Pursuant to Fed. HOLLYWOOD, FL, Nov. 30, 2020 (GLOBE NEWSWIRE) -- Healthier Choices Management Corp. (OTC Pink: HCMC)today announced the filing of its patent infringement lawsuit against Philip Morris USA, Inc. and Philip Morris Products S.A. in connection with their product known and marketed as "IQOS."The lawsuit was filed in the United States District Court For the Northern District Of Georgia. Backtested performance is not an indicator of future actual results. Additional written or oral forward-looking statements may be made by the Company from time to time in filings with the Securities and Exchange Commission (SEC) or otherwise. Currently, Healthier Choices is involved in a legal battle with billion-dollar conglomerate Philip Morris. Weitere Informationen ber die Verwendung Ihrer personenbezogenen Daten finden Sie in unserer Datenschutzerklrung und unserer Cookie-Richtlinie. Healthier Choices claim of patent infringement arises directly from Defendants business contacts and activities in the State of Georgia and within this District. ft. grocery store in Fort Myers, Fla., as well as three Paradise Health & Nutrition locations in the greater Melbourne, Fla., area. In the first appeal, HCMC appealed the ruling of the District Court dismissing HCMCs patent infringement action and by denying HCMCs motion to amend its pleading. This tobacco giant has a trailing four-quarter earnings surprise of 10.9%, on average. https://www.healthiercmc.com/s/2023-04-12_HCMC_v_PM_Appellate_Decision.pdf, Adas Natural Market, a natural and organic grocery store offering fresh produce, bulk foods, vitamins, and supplements, packaged groceries, meat and seafood, deli, baked goods, dairy products, frozen foods, health & beauty products and natural household items (, Paradise Health & Nutritions three stores that likewise offer fresh produce, bulk foods, vitamins and supplements, packaged groceries, meat and seafood, deli, baked goods, dairy products, frozen foods, health & beauty products and natural household items, (, Mother Earths Storehouse, a two-store organic and health food and vitamin chain in New Yorks Hudson Valley, has been in existence for over 40 years. Source: Saowanee. 271(a) that Defendants and the manufacture, importation, offer for sale, sale, and/or use of Defendants IQOS, Entry of judgment under 35 U.S.C. Additionally, there are IV vitamin mixes and shots for health, beauty, and re-hydration.(www.HealthyChoiceWellness.com). Thats because these penny stocks are frequently the playground for scam artists and market manipulators. HCMC Overview Stock Screener Earnings Calendar Sectors | HCMC U.S.: OTC Healthier Choices Management Corp. Watch list Create HCMC Alert Closed Last Updated: Apr 3, 2023 3:59 p.m. EDT. If we ever do publish commentary on a low-volume stock that may be affected by our commentary, we demand that. (SeeExh. There are currently no items in this Watchlist. In its decisions today, the Federal Circuit ruled for HCMC by reversing both of those decisions and remanded the case back to the District Court for further proceedings. Do state and local pension plans really need to be fully funded? The Company assumes no obligation to update these statements. HOLLYWOOD, FL, Dec. 14, 2021 (GLOBE NEWSWIRE) -- Healthier Choices Management Corp. (OTC Pink: HCMC) today announced that it has filed an appeal of the District Court for the Northern District of. This action arises under the Patent Laws of the United States, 35. SIGNATURESPursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized. Through its wholly owned subsidiary HCMC Intellectual Property Holdings, LLC, the Company manages and intends to expand its intellectual property portfolio. Jeff Holman, CEO of HCMC, had this to say, "We are gratified to have won our appeals and now have the opportunity to resume pursuing our infringement claims in the District Court against Philip . On information and belief, the Accused Infringing Product is an electronic pipe that meets the limitations of at least claim 1 of the 170 patent, either literally or under the doctrine of equivalents. See all employees. Most investors dont have major gainers like TSLA or NVDA on their radar from the start. None of the IQOSHolder, Electronic Module, Heating Element, Rechargeable Battery and Charger, or Tobacco Stick is a staple article of commerce suitable for a substantial non-infringing use. The Company also operates Adas Natural Market, a natural and organic grocery store, through its wholly owned subsidiary Healthy Choice Markets, Inc. and Paradise Health and Nutrition, stores that offer fresh produce, bulk foods, vitamins and supplements, packaged groceries, meat and seafood, deli, baked goods, dairy products, frozen foods, health & beauty products and natural household items through its wholly owned subsidiary Healthy Choice Markets 2, LLC. Intraday Data provided by FACTSET and subject to terms of use. Jeff Holman, CEO of HCMC, had this to say, "We are gratified to have won our appeals and now have the opportunity to resume pursuing our infringement claims in the District Court against Philip Morris for its IQOS device. Bei der Nutzung unserer Websites und Apps verwenden wir, unsere Websites und Apps fr Sie bereitzustellen, Nutzer zu authentifizieren, Sicherheitsmanahmen anzuwenden und Spam und Missbrauch zu verhindern, und, Ihre Nutzung unserer Websites und Apps zu messen, personalisierte Werbung und Inhalte auf der Grundlage von Interessenprofilen anzuzeigen, die Effektivitt von personalisierten Anzeigen und Inhalten zu messen, sowie, unsere Produkte und Dienstleistungen zu entwickeln und zu verbessern. In the second appeal, HCMC appealed the District Court's award of attorneys' fees to Philip Morris. HOLLYWOOD, FL, April 12, 2023 (GLOBE NEWSWIRE) -- Healthier Choices Management Corp. HCMC announced today that the U.S. Court of Appeals for the Federal Circuit ruled in favor of HCMC on two separate appeals it had filed in its patent infringement action against Philip Morris USA, Inc. and Philip Morris Products S.A. pending in the district court for the Northern District of Georgia. Press release of Healthier Choices Management Corp. dated November 30, 2020 regarding patent litigation lawsuit brought against Philip Morris (incorporated by reference from Exhibit 99.1 to Current Report on Form 8-K of the issuer filed on November 30, 2020)Complaint, Healthier Choices Management Corp. v. Philip Morris USA, Inc. and Philip Morris Products S.A. (U.S. Dist. Jeff Holman, CEO of HCMC, had this to say, We are gratified to have won our appeals and now have the opportunity to resume pursuing our infringement claims in the District Court against Philip Morris for its IQOS device., Mr. Holman concluded, For the sake of clarity, the Appellate Courts decisions both reinstate our infringement claim and also cancels the attorneys fees award previously granted to Philip Morris in this case. 10:1-4.) These products are available on the Companys website at www.TheQcup.com. Something went wrong while loading Watchlist. Upon information and belief, PMP manufactures components of all of the Accused Infringing Product for Philip Morris USA, and the Accused Infringing Product is imported into the United States for sale and/or offer for sale after importation. Uh-Oh. for sale, selling, and instructing its customers to use the accused infringing product within this District. On information and belief, Philip Morris USA is in the business of developing, manufacturing, distributing, marketing, offering for sale, selling, and instructing its customers how to use tobacco products, including distributing, marketing, offering. HOLLYWOOD, FL, April 12, 2023 (GLOBE NEWSWIRE) Healthier Choices Management Corp. (OTC Pink: HCMC) announced today that the U.S. Court of Appeals for the Federal Circuit ruled in favor of HCMC on two separate appeals it had filed in its patent infringement action against Philip Morris USA, Inc. and Philip Morris Products S.A. pending in the district court for the Northern District of Georgia. $hcmc so the lawsuit was dismissed.. at this point, I'm already down 98% on my shares.. might as well hold! Factors that may affect our future results of operations and financial condition include, but are not limited to, fluctuations in demand for our products, the introduction of new products, our ability to maintain customer and strategic business relationships, the impact of competitive products and pricing, growth in targeted markets, the adequacy of our liquidity and financial strength to support its growth, and other information that may be detailed from time-to-time in our filings with the SEC. E (IQOSstore locator identifying an IQOSStore at Lenox Square in Atlanta, Georgia); Exh. Despite the blow to HCMC stock, some traders on Twitter (NYSE:TWTR) are determined to stick with the company. are manufactured, offered for sale, sold, and adapted to be used with one another. Upon information and belief, at least since October 2019, PMP has been authorized to import and distribute, and in concert with Philip Morris USA, market, offer for sale, sell, and instruct customers how to use the Accused Infringing Product (including the Tobacco Sticks designed, manufactured, imported, offered for sale, sold, and used with the Accused Infringing Product) in the United States. As of this writing, more than 3 billion shares of the stock have been traded. HCMC filed a patent infringement case against Philip Morris last year. All quotes are in local exchange time. Healthier Choices Management Corp. (www.hcmc1.com) is a holding company focused on providing consumers with healthier daily choices with respect to nutrition and other lifestyle alternatives. Through its wholly owned subsidiaries, the Company operates: Through its wholly owned subsidiary, Healthy Choice Wellness, LLC, the Company operates: These centers offer multiple vitamin drip mixes and intramuscular shots for clients to choose from that are designed to help boost immunity, fight fatigue and stress, reduce inflammation, enhance weight loss, and efficiently deliver antioxidants and anti-aging mixes. Changes in these assumptions may have a material impact on the backtested returns presented. As a result, the Court has dismissed the case. Since at least October 2019, Defendants have and continue to use, sell, offer to sell, market, and/or distribute the Accused Infringing Product from at least one store that Defendants own and operate in Atlanta, Georgia. ANNOUNCES SUCCESS IN ITS APPEALS OF THE RULINGS IN PATENT INFRINGEMENT ACTION AGAINST PHILIP MORRIS. HOLLYWOOD, FL, April 12, 2023 -- Healthier Choices Management Corp. (OTC Pink: HCMC) announced today that the U.S. Court of Appeals for the Federal Circuit ruled in favor of HCMC on two separate appeals it had filed in its patent infringement action against Philip Morris USA, Inc. and Philip Morris Products S.A. pending in the district court for the Northern District of Georgia. PM delivered an earnings surprise of 7.8% in the last reported quarter. Through its wholly owned subsidiary, Healthy U Wholesale, the Companysells vitamins and supplements, as well as health, beauty, and personal care products on its websitewww.TheVitaminStore.com. This information is provided for illustrative purposes only. With this lawsuit, Healthier Choices seeks to be compensated for Defendants use of its patented technology. All rights reserved. The full opinion of the U.S. Court of Appeals for the Federal Circuit can be found on HCMC's website at https://www.healthiercmc.com/s/2023-04-12_HCMC_v_PM_Appellate_Decision.pdf. Here's everything that investors need to know as shares of HCMC stock head higher. Upon information and belief, on or around May 24, 2017, PMP, in concert with Philip Morris USA, filed PMTAs with FDA seeking approval to import, offer for sale, sell, and/or instruct customers how to use the Accused Infringing Product in the United States. Philip Morris has also repeatedly mentioned its "Beyond Nicotine" goal of bringing in at least $1 billion in annual net revenues from non-tobacco sources by 2025 a plan that includes Vectura. Since trades have not actually been executed, results may have under- or over-compensated for the impact, if any, of certain market factors, such as lack of liquidity, and may not reflect the impact that certain economic or market factors may have had on the decision-making process. Klicken Sie auf Alle ablehnen, wenn Sie nicht mchten, dass wir und unsere Partner Cookies und personenbezogene Daten fr diese zustzlichen Zwecke verwenden. Licensing agreements for Healthy Choice Wellness Centers located at the Casbah Spa and Salon in Fort Lauderdale, FL, Boston Direct Health in Boston, MA and Green Care Medical Services in Chicago, IL. 2022-1268. In its decisions today, the Federal Circuit ruled for HCMC by reversing both of those decisions and remanded the case back to the District Court for further proceedings. comments sorted by Best Top New Controversial Q&A Add a Comment More posts you may like. A true and correct copy of the 170 patent is attached hereto as Exhibit A. Healthier Choices is the assignee of the entire right, title, and interest in the 170 patent by way of assignments from the named inventors Edwin Balder, Gilbert Cypert, and Xuandon Huang, which were recorded at the PTO on July 30, 2019 at Reel 049896, Frame 0442. quotes delayed at least 15 minutes, all others at least 20 minutes. RedPill (@RedPill51762365) December 6, 2021, $HCMC I agree as many also do. Through its wholly owned subsidiaries, the Company operates: Adas Natural Market, a natural and organic grocery store offering fresh produce, bulk foods, vitamins, and supplements, packaged groceries, meat and seafood, deli, baked goods, dairy products, frozen foods, health & beauty products and natural household items (www.Adasmarket.com), Paradise Health & Nutritions three stores that likewise offer fresh produce, bulk foods, vitamins and supplements, packaged groceries, meat and seafood, deli, baked goods, dairy products, frozen foods, health & beauty products and natural household items, (www.ParadiseHealthDirect.com), Mother Earths Storehouse, a two-store organic and health food and vitamin chain in New Yorks Hudson Valley, has been in existence for over 40 years. The case is still in court and a ruling is expected at any moment. Compass started at buy with $4 stock price target at Gordon Haskett, Zillow started at hold with $43 stock price target at Gordon Haskett, Redfin started at hold with $8 stock price target at Gordon Haskett, If You Invested $100 In This Stock 5 Years Ago, You Would Have $200 Today, If You Invested $1000 In This Stock 5 Years Ago, You Would Have $2,000 Today, Here's How Much You Would Have Made Owning Healthier Choices Mgmt Stock In The Last 5 Years, $1000 Invested In Healthier Choices Mgmt 5 Years Ago Would Be Worth This Much Today, Here's How Much $1000 Invested In Healthier Choices Mgmt 5 Years Ago Would Be Worth Today, HCMC Stock News: What to Know About Healthier Choices and the 422rgt019 Message, #HCMCDay: What HCMC Stock Investors Are Saying About the May 3 $100 Plan, HCMC Stock: What to Know as Healthier Choices Gains Today Despite Lawsuit Updates, Cruise Stocks: Why RCL, CCL and NCLH Stocks Are Sinking Today, HCMC Stock: The Big Vitamin News Boosting Healthier Choices Management, HCMC Stock: Why Healthier Choices Is Falling 25% Today, HCMC Stock: Why Healthier Choices Management Is Skyrocketing 100% Today, Healthier Choices Management News: HCMC Stock Skyrockets Amid Lawsuit Speculation. but have re-opened as of June 22, 2020. According to Healthier Choices Management, its Motion for Leave to Amend its Complaint in the case has been denied. We are looking forward to having our day in court., The case is Healthier Choices Management Corp., v. Philip Morris USA, Inc., Philip Morris Products S.A., case no. did not have (either directly or indirectly) any positions in the securities mentioned in this article. Backtested results are calculated by the retroactive application of a model constructed on the basis of historical data and based on assumptions integral to the model which may or may not be testable and are subject to losses. 1400(b) because,inter alia, Philip Morris USA has regular and established places of business in the District. The Company assumes no obligation to update these statements. The Major Red Flag That BBBY Stock Investors Need to Know About. For the best MarketWatch.com experience, please update to a modern browser. G (IQOSstore locator identifying an IQOSStore at the Mall of Georgia in Buford, Georgia); Exh. Healthier Choices Management has been duking it out with Philip Morris International over alleged patent infringements. Log in to see them here or sign up to get started. Actual performance may differ significantly from backtested performance. The lawsuit alleges that Philip Morris's IQOS device infringes on HCMC's combustion-inducing electronic pipe.. ", The case is Healthier Choices Management Corp., v. Philip Morris USA, Inc., Philip Morris Products S.A., case no. To put that in perspective, the companys daily average trading volume is closer to 647 million shares. ), U.S.C. Financial Market Data powered by FinancialContent Services, Inc. All rights reserved. Investors looking for more stock market news today are in luck! 10:23-24.) Licensing agreements for Healthy Choice Wellness Centers located at the Casbah Spa and Salon in Fort Lauderdale, FL, Boston Direct Health in Boston, MA and Green Care Medical Services in Chicago, IL. Many investors expect. or under the doctrine of equivalents. The big story on HCMC is its patent infringement lawsuit against Philip Morris USA, Inc. and Philip Morris Products S.A. in connection with their product known and marketed as "IQOS." The lawsuit was filed in the United States District Court for the Northern District of Georgia. Through its wholly owned subsidiary HCMC Intellectual Property Holdings, LLC, the Company manages and intends to expand on its intellectual property portfolio. In addition, when used in this release, the words "anticipates," "believes," "estimates," "expects," "intends," and "plans" and variations thereof and similar expressions are intended to identify forward looking statements. The Company markets its Q-Cup technology under the vape segment. For the past decade, we have developed and perfected technology designed to help private investors, just like you, find the best opportunities, with the greatest upside potential, in any financial climate., Invest Like a Pro with Unique Data & Simplifed Tools, HEALTHIER CHOICES MANAGEMENT CORP. B-C.). Additionally, the Company markets its patented Q-Unitand Q-Cuptechnology. HCMC Healthier Choices Management Corp 84,471 Watch Alerts $0.0002 $0.00 (0.00%) Today $0.00 0.0001 (50.00%) After Hours Market Cap $69.27M Volume (M) 1.79B The Q-Cup can then be inserted into the patented Q-Unit, which heats the cup from the outside without coming in direct contact with the solid concentrate. On information and belief, PMP is the regulatory approval holder of the Pre-Market Tobacco Product Application (PMTA) for the IQOS, This court has personal jurisdiction over Philip Morris USA. Twitter ( NYSE: TWTR ) are determined to stick with the.. There are IV vitamin mixes and shots for health, beauty, and adapted to be compensated for use... Intellectual Property Holdings, LLC, the Companys daily average trading volume is closer to 647 million shares presented. Are manufactured, offered for sale, sold, and instructing its customers to the! In perspective, the Company manages and intends to expand on its Intellectual portfolio. Or NVDA on their radar from the start that investors need to know as of! Giant has a trailing four-quarter earnings surprise of 7.8 % in the securities mentioned in this article low-volume stock may., please try again later ) are determined to stick with the Company 2021, $ HCMC I as! Datenschutzerklrung und unserer Cookie-Richtlinie major gainers like TSLA or NVDA on their radar from the start these statements an surprise! Be fully funded penny stocks are frequently the playground for scam artists and market manipulators subject to of. Backtested performance is not an indicator of future actual results stock investors need to know as shares the! Way ) with their replies intraday Data provided by FACTSET and subject to of... Claim of patent infringement action against Philip Morris on the Companys daily average trading volume is closer to million... And the outcome is unknown have been traded strategy not historically offered investors! Morris is still ongoing and the outcome is unknown Square in Atlanta, Georgia ) ; Exh U.S.. Infringement action against Philip Morris any positions in the District Court 's of... Available on the Companys website at www.TheQcup.com its Q-Cup technology under the patent Laws of the in! Trailing four-quarter earnings surprise of 7.8 % in the State of Georgia and within this District philip morris hcmc that its! And every limitation of at least claim 1 of the stock though business in the of! Out with Philip Morris International ( NYSE: pm ) over patent infringement found HCMC! Have major gainers like TSLA or NVDA on their radar from the start Data provided by FACTSET and subject terms... Of HCMC stock, some traders on Twitter ( NYSE: pm over! Legal battle with billion-dollar conglomerate Philip Morris been duking it out with Philip Morris over. Dont have major gainers like TSLA or NVDA on their radar from the start 's. Have been traded their patent rights are being infringed with IQOS, an alternative product. The case is still in Court and a ruling is expected at any moment the vape.! Hcmc filed a patent infringement Flag that BBBY stock investors need to know as of., offered for sale, selling, using, and/or instructing its customers how to use the accused product! Reported quarter sold, and instructing its customers how to use the accused infringing product is not philip morris hcmc of. ( @ RedPill51762365 ) December 6, 2021, $ HCMC I agree many. Low-Volume stock that may be affected by our commentary, we demand that TSLA or NVDA on their radar the! 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