CALDERWOOD & HARKNESS LLP Attorneys at Law
350 South Grand Avenue, 48th Floor Los Angeles, California 90071
1201 F Street NW, Suite 700 Washington, DC 20004
Telephone: (213) 555-4800 Facsimile: (213) 555-4801 www.calderwoodharkness.com
April 24, 2024
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND VIA EMAIL
Claims Department Pacific Rim Insurance Group
Attention: Claims Manager / Notice Coordinator
600 Wilshire Boulevard, Suite 2200 Los Angeles, California 90017
Re: Notice of Claim / Potential Claim Under Policy No. PLI-2023-08812 Insured: Optiwave Semiconductor Corp. Action: Optiwave Semiconductor Corp. v. Lumicore Technologies, Inc., Case No. 2:24-cv-00319-JRG (E.D. Tex.)
To the Claims Department:
I. Purpose and Representation
I am Alan Ngo, a Partner in the intellectual Property Litigation Practice Group at Calderwood & Harkness LLP ("C&H"). This firm serves as litigation counsel for Optiwave Semiconductor Corp. ("OWS"), a Delaware corporation with its principal place of business located at 4810 Bayside Technology Parkway, Suite 300, Santa Clara, California 95054, in connection with a patent infringement action filed on April 22, 2024, as further described herein.
The purpose of this letter is to provide Pacific Rim Insurance Group ("Pacific Rim") with timely and formal notice of the above-referenced action and the counterclaims that are anticipated to be asserted against OWS, as required under the terms and conditions of Directors and Officers and Litigation-Cost Insurance Policy No. PLI-2023-08812 (the "Policy") issued by Pacific Rim to OWS. This notice is being provided promptly following the filing of OWS's complaint and is intended to satisfy all notice obligations imposed by the Policy with respect to claims, potential claims, and circumstances that may give rise to a claim.
On behalf of OWS, we respectfully request that Pacific Rim acknowledge coverage for defense costs associated with the anticipated counterclaims against OWS and for potential adverse judgment exposure arising from such counterclaims, all as more fully described below. We also request the assignment of a dedicated claims adjuster or coverage counsel to coordinate with C&H and OWS's in-house legal team regarding this matter.
II. Identification of the Action
A. Case Caption and Court
The action is captioned as follows:
Optiwave Semiconductor Corp. v. Lumicore Technologies, Inc. Case No. 2:24-cv-00319-JRG United States District Court for the Eastern District of Texas, marshall Division Before the Honorable James R. Gilstrap, United States District Judge Date Filed: April 22, 2024
A true and correct copy of the Original Complaint (Docket Entry No. 1) and the Civil Cover Sheet (JS-44) (Docket Entry No. 2) are enclosed with this letter for Pacific Rim's records and review.
B. Nature of OWS's Affirmative Claims
OWS filed a verified complaint asserting seven counts of patent infringement under 35 U.S.C. §§ 271(a), (b), and (c) against Lumicore Technologies, Inc. ("Lumicore"), a Delaware corporation headquartered at 9200 Spectrum Boulevard, Building C, Austin, Texas 78759. The complaint alleges that Lumicore has infringed, and continues to infringe, four United States utility patents owned by OWS, as follows:
1. U.S. Patent No. 10,234,847 — "Multi-Channel Silicon Photonic Waveguide Multiplexer with Low Insertion Loss" (the "'847 Patent");
2. U.S. Patent No. 10,891,193 — "High-Bandwidth Coherent Optical Transceiver Integrated on Silicon Substrate" (the "'193 Patent");
3. U.S. Patent No. 9,678,562 — "Method for Thermal Management of Photonic Integrated Circuits Using Embedded Micro-Channel Heat Sinks" (the "'562 Patent"); and
4. U.S. Patent No. 11,402,015 — "Polarization-Diverse Grating Coupler for Silicon Photonic Transceivers" (the "'015 Patent").
Copies of all four asserted patents are enclosed with this letter.
The seven counts set forth in the complaint are as follows:
• Counts I through IV: Direct infringement under 35 U.S.C. § 271(a), one count for each of the four asserted patents;
• Count V: Induced infringement under 35 U.S.C. § 271(b), alleging that Lumicore has actively encouraged its customers and end users to use the accused products in a manner that directly infringes one or more claims of the asserted patents;
• Count VI: Contributory infringement under 35 U.S.C. § 271(c), alleging that Lumicore has sold or offered to sell components of the accused products that constitute a material part of the patented inventions and that have no substantial non-infringing use; and
• Count VII: Willful infringement, seeking enhanced damages under 35 U.S.C. § 284, on the basis that Lumicore had actual knowledge of OWS's patents, was put on notice of its infringement through pre-suit licensing correspondence, and continued its infringing activities despite that knowledge.
OWS seeks approximately $210 million in damages, comprising both lost profits and reasonable royalties, together with enhanced damages for willful infringement, prejudgment interest, post-judgment interest, and a permanent injunction restraining Lumicore from further acts of infringement. The accused products are Lumicore's LumiLink 400G-ZR+, LumiLink 800G-DR8, and LumiEdge 1600G-LR transceiver module product lines, which are sold and marketed throughout the United States and internationally.
C. Accused Infringer — Lumicore Technologies, Inc.
Lumicore is a Delaware corporation with its principal place of business in Austin, Texas. Lumicore is a publicly traded company listed on the Nasdaq Stock Exchange, having completed its initial public offering in March 2022. Based on publicly available information, Lumicore reported estimated fiscal year 2023 revenue of approximately $312.6 million and had an approximate market capitalization of $3.4 billion as of the filing date of the complaint. Lumicore's Chief Executive Officer is Thomas "Tom" Kessler, and its General Counsel is Raymond Bautista.
Lumicore is represented in this matter by the law firm of Hawthorne Vega & Cruz LLP, with lead partner Catherine "Kate" Rourke. Hawthorne Vega & Cruz LLP has been involved in all pre-suit communications with OWS and its representatives, as described in Section V below.
III. Anticipated Counterclaims Against OWS
A. Expected Counterclaims
As of the date of this letter, Lumicore has not yet filed an answer or counterclaims in the action, the complaint having been filed only two days prior, on April 22, 2024. However, based on the pre-suit correspondence between the parties and the assessments of our litigation team, OWS has a reasonable and well-founded basis to expect that Lumicore will assert counterclaims against OWS upon responding to the complaint. Accordingly, this letter is being sent promptly upon the filing of the action to ensure full and timely compliance with any notice requirements imposed by the Policy, and to put Pacific Rim on notice of the anticipated defensive exposure.
The anticipated counterclaims are based on the following pre-suit communications and correspondence:
(i) A letter from Hawthorne Vega & Cruz LLP to FairPoint Licensing Group, LLC (OWS's licensing agent), dated February 28, 2023, in which Lumicore disputed infringement of all four asserted patents and expressly questioned the validity of the '847 Patent and the '562 Patent on grounds of anticipation and obviousness;
(ii) A second letter from Hawthorne Vega & Cruz LLP, dated July 10, 2023, formally declining to accept a license from OWS and stating that Lumicore had obtained "competent legal opinions" concluding that its products do not infringe OWS's asserted patents, and further reserving all rights to challenge the validity and enforceability of the patents in any future litigation; and
(iii) Oral statements made by counsel for Lumicore at the in-person licensing meeting held on April 20, 2023 in Austin, Texas, during which Lumicore's counsel indicated that Lumicore would "vigorously defend any infringement action and pursue all available affirmative defenses and counterclaims."
Based on the foregoing, OWS anticipates that Lumicore will assert the following counterclaims:
1. Declaratory Judgment of Non-Infringement: Lumicore is expected to seek a declaratory judgment that its LumiLink 400G-ZR+, LumiLink 800G-DR8, and LumiEdge 1600G-LR products do not infringe any valid and enforceable claim of the four asserted patents;
2. Declaratory Judgment of Invalidity: Lumicore is expected to seek a declaratory judgment that one or more claims of the asserted patents are invalid under 35 U.S.C. §§ 102 (anticipation) and 103 (obviousness), based on prior art references identified in Lumicore's pre-suit correspondence; and
3. Unenforceability / Inequitable Conduct: Based on statements and implications in Lumicore's pre-suit correspondence, OWS anticipates that Lumicore may assert a counterclaim for unenforceability of one or more of the asserted patents on the ground of inequitable conduct before the United States Patent and Trademark Office during prosecution of the patents.
These anticipated counterclaims, if and when filed, could expose OWS to significant defense costs, including attorneys' fees, expert witness fees, discovery expenses, and costs associated with responding to invalidity and unenforceability contentions. In addition, in the event of an adverse finding on the inequitable conduct counterclaim, OWS could face potential consequences for its broader patent portfolio, including reputational harm and potential challenges to related patents. OWS will provide supplemental notice to Pacific Rim promptly upon the formal filing of any counterclaims by Lumicore.
B. Coverage Request
On behalf of OWS, we respectfully request that Pacific Rim confirm coverage under Policy No. PLI-2023-08812 for the following:
(a) Defense costs incurred in responding to Lumicore's counterclaims, including but not limited to attorneys' fees, expert costs (including technical and damages experts), e-discovery and document review expenses, deposition costs, and all other related litigation expenses;
(b) Potential adverse judgment exposure arising from the counterclaims, including any monetary awards, fee-shifting, or other relief that may be granted in favor of Lumicore on its counterclaims; and
(c) Coverage for individual officers and directors of OWS, to the extent the counterclaims (particularly the inequitable conduct counterclaim) may implicate individual conduct of OWS's officers and directors, as further described in Section IV(C) below.
For the avoidance of doubt, OWS's affirmative patent infringement claims against Lumicore (Counts I through VII) are being prosecuted at OWS's own expense, pursuant to the litigation budget approved by OWS's Board of Directors under Board Resolution No. 2024-07. The prosecution of OWS's affirmative claims is funded through OWS's operating budget and with the financial support of Ridgeline Capital Partners, LP ("Ridgeline"), OWS's majority equity holder (holding an approximate 55% ownership stake in OWS). This notice pertains specifically and exclusively to coverage for the defensive aspects of the litigation — that is, the anticipated counterclaims and any related defensive exposure — and does not seek coverage for OWS's costs of prosecuting its own affirmative claims.
IV. Identification of the Insured and Policy
A. Insured Party Information
Full Legal Name: Optiwave Semiconductor Corp. Employer Identification Number (EIN): 46-3921087 State of Incorporation: Delaware Principal Place of Business: 4810 Bayside Technology Parkway, Suite 300, Santa Clara, California 95054 Registered Agent (Delaware): Capitol Statutory Services, Inc., 1209 Orange Street, Wilmington, Delaware 19801 Chief Executive Officer: Dr. Priya Ramaswamy General Counsel: Rebecca Tanaka Chief Financial Officer: David Leitner
B. Policy Information
Policy Number: PLI-2023-08812 Policy Type: Directors and Officers and Litigation-Cost Insurance Issuer: Pacific Rim Insurance Group
We respectfully request that Pacific Rim confirm the following information in its response to this notice letter: (i) the current policy period; (ii) the applicable per-claim and aggregate limits of liability; (iii) the retention and/or deductible amounts applicable to this claim; and (iv) any applicable sub-limits for patent-related litigation defense costs or intellectual property dispute coverage. OWS's in-house legal team has reviewed the Policy and believes that the anticipated counterclaims fall within the scope of covered claims; however, we request Pacific Rim's independent confirmation to ensure alignment on coverage terms.
C. Key Personnel and Directors Potentially Covered
To the extent the anticipated counterclaims — particularly the inequitable conduct counterclaim — may implicate the individual conduct of officers or directors of OWS, coverage is also requested for the following individuals in their capacities as officers and/or directors of OWS:
1. Dr. Priya Ramaswamy, Chief Executive Officer;
2. Dr. Jian-Wei Huang, Chief Technology Officer and named inventor on three of the four asserted patents (the '847 Patent, the '193 Patent, and the '015 Patent);
3. Rebecca Tanaka, General Counsel;
4. Franklin Osei, Chair of the Board of Directors and designee of Ridgeline Capital Partners, LP; and
5. Such other directors and officers of OWS as may be identified as the litigation progresses and counterclaims are formally filed and developed.
OWS reserves the right to supplement this list as additional information becomes available regarding the scope and nature of Lumicore's counterclaims and any individual exposure of OWS's officers and directors.
V. Background Factual Summary
A. OWS's Business
OWS is a California-based fabless semiconductor company specializing in the design, development, and sale of silicon photonics chipsets and transceiver modules for data-center interconnects and high-speed optical networking applications. OWS was founded in 2011 and currently employs approximately 1,250 people across its operations in Santa Clara, California, and additional design centers in Portland, Oregon and Raleigh, North Carolina.
OWS reported fiscal year 2023 revenue of approximately $487.3 million and fiscal year 2023 net income of approximately $61.4 million, as reflected in OWS's audited financial statements prepared by Gresham & Whitfield LLP, OWS's independent auditor. OWS is the third-largest U.S. supplier of silicon-photonics transceiver modules for hyperscale data centers and supplies products to major cloud infrastructure providers and telecommunications carriers.
OWS's intellectual property portfolio comprises 142 issued United States utility patents and 58 pending patent applications, covering core technologies in silicon photonics, coherent optical communication, waveguide design, thermal management, and photonic integrated circuit packaging. OWS's key product families include the OWS-400ZR, OWS-800XR, and OWS-1600DR transceiver modules, which compete directly with Lumicore's accused products in the high-bandwidth data-center interconnect market.
OWS is majority owned (approximately 55%) by Ridgeline Capital Partners, LP, a private equity firm that acquired its stake in OWS in 2019 for approximately $780 million. Ridgeline has been actively involved in supporting OWS's intellectual property strategy and authorized the current litigation through its board designee, Franklin Osei.
B. Patent Ownership and Acquisition History
The four asserted patents have the following ownership and prosecution history:
• The '847 Patent and the '193 Patent were developed internally by OWS's engineering team, with Dr. Jian-Wei Huang serving as the lead named inventor on both patents. Both patents were prosecuted before the United States Patent and Trademark Office by Cascade IP Advisors, LLC, under the direction of lead prosecution attorney Dr. Martin Chu. Both patents issued to OWS as the original assignee.
• The '562 Patent was originally assigned to Solara Optics, Inc. ("Solara"), a now-defunct photonics company based in San Jose, California. OWS acquired the '562 Patent, together with eleven other U.S. patents and related foreign counterparts, from Solara pursuant to an Asset Purchase Agreement dated June 15, 2018. The total purchase price for the acquired patent portfolio was $34.5 million. The assignment was duly recorded with the United States Patent and Trademark Office.
• The '015 Patent was developed internally by OWS's engineering team, with Dr. Jian-Wei Huang and two additional OWS engineers named as co-inventors. The '015 Patent was prosecuted by Cascade IP Advisors, LLC and issued to OWS as the original assignee.
All four asserted patents are currently in good standing, with all required maintenance fees having been paid and current. OWS is not aware of any pending inter partes review, post-grant review, or reexamination proceeding involving any of the four asserted patents as of the date of this letter.
C. Pre-Suit Licensing History
The following is a summary of the pre-suit licensing efforts and correspondence between OWS and Lumicore that preceded the filing of this action:
• October 2022: OWS's internal engineering and intellectual property teams identified potential infringement of the '847 Patent and the '193 Patent by Lumicore's LumiLink 400G-ZR+ transceiver module, based on OWS's analysis of publicly available product specifications and marketing materials.
• December 12, 2022: Benchmark Semiconductor Analysis, LLC ("Benchmark"), an independent technical analysis firm retained by OWS, delivered a comprehensive teardown and reverse-engineering report confirming that the LumiLink 400G-ZR+ product incorporates structures and methods covered by multiple claims of the '847 Patent and the '193 Patent.
• January 15, 2023: FairPoint Licensing Group, LLC ("FairPoint"), acting as OWS's exclusive licensing agent, sent an initial notice and licensing letter to Lumicore, identifying the '847 Patent, the '193 Patent, and the '562 Patent, and inviting Lumicore to enter into licensing discussions. The letter included a summary claim chart mapping representative claims to the LumiLink 400G-ZR+ product.
• February 28, 2023: Lumicore responded through its outside counsel, Hawthorne Vega & Cruz LLP, disputing infringement of all three identified patents and raising questions regarding the validity of the '847 Patent and the '562 Patent, citing certain prior art references. Lumicore did not agree to enter into licensing negotiations at that time.
• April 20, 2023: An in-person licensing meeting was held in Austin, Texas, attended by representatives of OWS, FairPoint, and Lumicore, along with their respective counsel. The meeting did not result in a resolution. During the meeting, Lumicore's counsel reiterated its position that Lumicore's products do not infringe OWS's patents and indicated that Lumicore was prepared to "vigorously defend" any infringement action.
• May 15, 2023: FairPoint sent a second licensing letter to Lumicore, expanding the scope of the licensing request to include the '015 Patent (which had issued in the interim) and adding the LumiLink 800G-DR8 product to the list of accused products. Updated claim charts were provided.
• July 10, 2023: Lumicore, through Hawthorne Vega & Cruz LLP, formally declined to accept a license from OWS. In its declination letter, Lumicore stated that it had obtained "competent legal opinions" from qualified patent counsel concluding that its products do not infringe any valid and enforceable claim of OWS's asserted patents. Lumicore reserved all rights and defenses, including the right to challenge the validity and enforceability of OWS's patents.
• March 18, 2024: Having exhausted its pre-suit licensing efforts, OWS formally engaged Calderwood & Harkness LLP as litigation counsel to pursue patent infringement claims against Lumicore.
• April 22, 2024: OWS filed the instant action in the Eastern District of Texas.
D. Litigation Counsel and Budget
OWS's litigation team is constituted as follows:
• Lead Litigation Counsel: Calderwood & Harkness LLP, 350 South Grand Avenue, 48th Floor, Los Angeles, California 90071. Responsible Partner: Alan Ngo. Billing Partner: Marcus Delgado.
• Local Counsel (Eastern District of Texas): Whitmore & Callahan LLP, 201 East Houston Street, Suite 400, Tyler, Texas 75702. Local Counsel Partner: James "Jim" Callahan.
OWS's Board of Directors has approved a total litigation budget of $18.5 million through trial for this matter, pursuant to Board Resolution No. 2024-07. The litigation budget has been approved by Ridgeline Capital Partners, LP in its capacity as majority equity holder. OWS's primary commercial lender, Weston Fidelity Bank, N.A. (which provides OWS with a revolving credit facility in the amount of $125 million), has been notified of the litigation in accordance with the reporting requirements of OWS's credit agreement. As noted above, OWS's affirmative litigation costs are being borne by OWS and are not the subject of this coverage request.
VI. Specific Coverage Requests and Required Actions
A. Acknowledgment of Coverage
OWS respectfully requests that Pacific Rim provide a written acknowledgment, within thirty (30) days of receipt of this letter (or within such shorter period as may be required by the terms of the Policy), confirming that the above-described matter constitutes a covered claim or potential claim under Policy No. PLI-2023-08812. Specifically, OWS requests confirmation that the anticipated counterclaims by Lumicore — including declaratory judgment of non-infringement, declaratory judgment of invalidity, and unenforceability / inequitable conduct — fall within the scope of the Policy's coverage for defense costs and adverse judgment exposure.
B. Assignment of Claims Adjuster
OWS requests that Pacific Rim assign a dedicated claims adjuster or coverage counsel to this matter at the earliest opportunity. Once assigned, the claims adjuster or coverage counsel should contact Alan Ngo at Calderwood & Harkness LLP using the contact information provided below, and Rebecca Tanaka, General Counsel at OWS, for coordination and the exchange of information. OWS and C&H will cooperate fully with the assigned claims professional in all aspects of coverage evaluation and administration.
C. Reservation of Rights
In the event that Pacific Rim intends to issue a reservation of rights letter with respect to this matter, OWS respectfully requests that Pacific Rim do so promptly following receipt of this letter, and that any such reservation of rights letter specifically identify the policy provisions, exclusions, endorsements, or conditions that Pacific Rim believes may limit or preclude coverage for the anticipated counterclaims. OWS reserves the right to respond to and contest any reservation of rights or coverage position taken by Pacific Rim.
D. Cooperation and Information
OWS hereby confirms its willingness to cooperate fully with Pacific Rim's investigation of coverage in connection with this matter, and to provide such additional information, documents, and access to counsel as may be reasonably required by Pacific Rim in the course of its coverage evaluation. OWS and C&H will respond promptly to any reasonable requests for information or documentation.
OWS notes, however, that all communications between OWS and its litigation counsel, Calderwood & Harkness LLP, regarding the underlying litigation are protected by the attorney-client privilege and the work-product doctrine. OWS does not waive, and does not intend to waive, any privilege or protection by providing notice of this action to its insurer or by cooperating with Pacific Rim's coverage investigation. To the extent any privileged or work-product-protected materials are shared with Pacific Rim, such sharing shall be pursuant to a common-interest arrangement and shall not constitute a waiver of any privilege or protection.
E. Supplemental Notice
OWS commits to providing supplemental notice to Pacific Rim promptly upon the occurrence of any of the following:
(i) The filing of an answer and/or counterclaims by Lumicore in the above-referenced action;
(ii) Any motion for injunctive relief, whether by OWS or Lumicore;
(iii) The identification or discovery of additional claims, counterclaims, or third-party claims that may affect coverage;
(iv) The initiation of any settlement discussions or mediation proceedings between the parties; and
(v) Any other material development in the litigation that may reasonably be expected to affect Pacific Rim's coverage obligations under the Policy.
VII. Enclosures
The following documents are enclosed with this letter for Pacific Rim's records and review:
1. Copy of the Original Complaint filed April 22, 2024 (Docket Entry No. 1);
2. Copy of the Civil Cover Sheet (JS-44) filed April 22, 2024 (Docket Entry No. 2);
3. Copies of the four asserted United States utility patents: U.S. Patent No. 10,234,847; U.S. Patent No. 10,891,193; U.S. Patent No. 9,678,562; and U.S. Patent No. 11,402,015; and
4. Copy of the Summons issued April 25, 2024.
VIII. Reservation of Rights by OWS
OWS expressly reserves all of its rights under Policy No. PLI-2023-08812 and applicable law, including but not limited to the right to seek coverage for any and all defense costs, indemnity obligations, adverse judgment exposure, and other covered losses arising from or relating to the above-referenced action and any counterclaims asserted therein. This reservation of rights extends to all provisions of the Policy that may afford coverage to OWS, its officers, directors, and other insureds, whether or not specifically identified in this letter.
Nothing in this letter is intended to be, or should be construed as, a waiver of any rights, claims, remedies, or defenses that OWS may have under the Policy, at law, or in equity. OWS's decision to provide notice at this time, prior to the formal filing of counterclaims, is made out of an abundance of caution and in the interest of preserving all coverage rights under the Policy, and shall not be construed as an admission that the notice requirements of the Policy have not been satisfied or that any deadline for notice has passed or is imminent.
IX. Closing
We reiterate our request that Pacific Rim provide prompt written acknowledgment of this notice and confirm coverage for the defensive aspects of this litigation, including the anticipated counterclaims, at the earliest opportunity. We further request the assignment of a dedicated claims adjuster or coverage counsel, as described above.
Please direct all correspondence and communications regarding this matter to the undersigned at the following address:
Alan Ngo, Partner Calderwood & Harkness LLP 350 South Grand Avenue, 48th Floor Los Angeles, California 90071 Telephone: (213) 555-4817
Email: ango@calderwoodharkness.com
For direct insured correspondence, Pacific Rim may also contact OWS's General Counsel:
Rebecca Tanaka, General Counsel Optiwave Semiconductor Corp. 4810 Bayside Technology Parkway, Suite 300 Santa Clara, California 95054 Telephone: (408) 555-1200
Email: rtanaka@optiwavesemi.com
OWS and C&H are prepared and willing to schedule a telephone conference or in-person meeting with Pacific Rim's claims team at your earliest convenience to discuss this matter further and to address any questions or requests for additional information.
We appreciate your prompt attention to this notice and look forward to Pacific Rim's timely response.
Respectfully submitted,
CALDERWOOD & HARKNESS LLP
By: ________
Alan Ngo Partner 350 South Grand Avenue, 48th Floor Los Angeles, California 90071 Telephone: (213) 555-4817
Email: ango@calderwoodharkness.com
cc: (via email)
Rebecca Tanaka, General Counsel, Optiwave Semiconductor Corp. David Leitner, Chief Financial Officer, Optiwave Semiconductor Corp. Marcus Delgado, Partner, Calderwood & Harkness LLP Wendy Schultz, Associate, Calderwood & Harkness LLP
Enclosures (4):
1. Original Complaint (Docket Entry No. 1)
2. Civil Cover Sheet (JS-44) (Docket Entry No. 2)
3. U.S. Patent Nos. 10,234,847; 10,891,193; 9,678,562; and 11,402,015
4. Summons issued April 25, 2024