→Executed Non-Disclosure Agreements to
Commercialize "new code" RDADS
Papers Promoting RDADS to Fortune 500 and Other Firms
Overview[Note: "PDAC" was Battelle's 2002 alias for
"MDM", prior to renaming it RDADS in 2005]
1/26/05, Gary Morgan [Battelle commercialization manager] checked on Pulver’s license rights to the PDAC/MDM software
and confirmedPulver had exclusive commercial license to the 3-part PDAC/MDM
software and derivative [follow-on] versions. On
1/27/05, Morgan and MDM/PDAC developers initiated the“new code” scheme to evade his exclusive license by suddenly
calling the Jan. 2005 PDAC/MDM BlackBerry version “new code” and new
intellectual property, stating “Pulver is toast”, and hoping not to be
They continued the scheme by writing a “NEW”
invention report, renaming the software “RDADS” 4 weeks later. In March 2005 and based on its
commercial market assessment of the “new code”, Battelle invested in
patenting RDADS.Filed in Sept. 2005
with the US Patent
Office and published
March 2007, the patent application contained the RDADS control panel main
screen that’s identical to MDM/PDAC software,
developed/funded via DOE Technical Assistance Program for Pulver and
exclusively licensed to him in 2002.
and testimony confirm Battelle’s (1)Positive commercial
market assessment of RDADS which resulted in their investment to apply for
patent, (2) RDADS licensing intentions/plans, and (3)Marketing RDADS under non-disclosure agreements [NDAs]. Steve Shoemaker, named inventor on patent, wrote four
that “RDADS” was the new name for the 2002-03 PDAC/MDM software. The derivativesection
has extensive Battelle documents & testimony confirming that RDADS is
PDAC & MDM.
with his 2005 emails, Morgan’s 2008 testimony
confirms the PDAC/MDM invention was rewritten, renamed to “RDADS”, had
commercial market value/opportunity, and was submitted as a patent application.While admitting to the RDADS “new code”
incident, he also candidly testified that
Battelle’s practice is rewriting/renaming invention reports as “NEW”
inventions to get new “timeframes” [deadlines/bars] for filing a patent
application, i.e., de-facto extensions. For details
and supporting evidence from Battelle and then US patent office, see Misrepresentation
to USPTO section.
[Brief Background:Battelle documents and PNNL scientists’ depositions
confirm that the Dept. of Homeland
Security [US Customs and Border Protection] Radiation Portal
Monitor Project [RPMP] funded enhancements to the MDM/PDAC software in 2004+
which resulted in follow-on versions running on BlackBerry & Web browser
and having further advanced search capability.These versions resulted in a 9/28/04 white
paper that updated the 12/18/03
paper that had confirmed PDAC/MDM was licensed to Pulver.In a 9/24/04
email, PNNL scientist Shoemaker cited many RPMP-funded enhancements to the
2002-03 MDM/PDAC, e.g., adapted/ported to BlackBerry.Four days later, the 9/28/04
paper [update to 12/18/03 version] was officially cleared for
publication on 1/27/05 [PNNL-SA-44024]].
2005 Emails: Battelle Confirms Pulver Exclusive License
Rights to the 3-Part PDAC/MDM Software
“new code…new name...patent” Tactic to Evade/Escape his License
text is highlighted.Comments are inserted for clarification/emphasis.
Clicking on the exhibit number will open the linked document.
Gary Morgan was
commercialization manager for National Security Directorate at PNNL; Dorow,
Shoemaker & Thurman are software developers.
The following 2007-12
updates provide helpful context to emails below.
March 2007: TheRDADS patent application ispublishedIts diagrams/screens
and text confirm that RDADS is the PDAC/MDM inventions as does Battelle’s not citing PDAC/MDM as prior
comparison shows patent
application’s main control panel is that of MDM. The patent
application is further evidence confirming that RDADS is new name and derivative
version of MDM/PDAC.
January 2008: Depositions by Battelle staff [Gary Morgan, Steven Shoemaker & Dr. Ian Gorton (software expert)]
confirmed RDADS is derivative version to the 2002-2003 MDM/PDAC
software exclusively licensed to small business owner
March 11, 2005
email[Morgan to Shoemaker, White
14714-E Rapid Data Acquisition and Dissemination System]
established a committee to review the new invention reports that are
submitted by staff each month. The categorical designation are assigned by
the committee to each reviewed IR to help manage the spectrum of inventions
we receive and establish an action plan for inventions have strong business
or commercialization potential that should be protected.
The purpose of this memo is to provide you with the
results of the meeting held March
9, 2005 in regard to the subject IR [RDADS].
Category 2cp: Active-Decision Made to Protect IP (Patent and
A decision to
protect (via a patent and copyright) the contents of the Invention Report
has been made and the IP is actively
marketed – BUT ONLY under NDA – DO NOT
violate our right to patent by publicly revealing anything about this!!”