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Evidence: “New code” RDADS is Derivative [Follow-on] Versions of the

2002-03 MDM/PDAC Software Exclusively Licensed to Pulver

Perjury::

Battelle and DOE-funded counsel misrepresented DHS Radiation Portal Monitor Project [RPMP] to the Court by claiming RPMP rejected/abandoned 2003 DOE-funded MDM software [Mobile Data Manager] and funded “new and different” software [RDADS] that’s “irrelevant” and must be concealed [never examined]. Battelle’s 2005 patent application [diagrams & invention text] further confirm PDAC/MDM “morphed” [renamed] into “RDADS” after RPMP funded Battelle to adapt/port MDM/PDAC to BlackBerry and other devices. [Battelle renamed MDM to PDAC in 2002, and to RDADS in 2005. Thus, PDAC & MDM are used interchangeably.]

Overview

In 2002-03, the Mobile Data Manager [MDM] software was developed with funding from DOE’s Technical Assistance Program [TAP] for Pulver’s small business; on 8/29/08, Battelle delivered him a non-working MDM version. Starting in Jan. 2004, Dept. of Homeland Security US Customs & Border Protection Radiation Portal Monitor Project funded PNNL to develop follow-on enhanced versions of PDAC/MDM, i.e., it was adapted/customized to other platforms/devices, e.g., Blackberry [July 2004] and Web-browser [April 2004]. MDM/PDAC running on BlackBerry, Web browser and other devices greatly increased its commercial market potential.

Battelle realized MDM’s commercial value as shown in a series of 2005 emails exposing their “new code” tactic, i.e., renaming the BlackBerry version of PDAC/MDM to RDADS, calling it “all new”, suddenly canceling outside publication of the 2004 PDAC/MDM [BlackBerry] white paper, and filing a patent application on “new code” RDADS in September 2005; see KED-00049 & KED-00045. Battelle documents show that, starting in 2006, DHS funded a RDADS version for ACEDPP [DHS Air Cargo Explosives Detection Pilot Program]. Cited below, Battelle filed perjured statements misrepresenting this to the court.

Extensive evidence [Battelle emails & testimony] and USPTO [US Patent & Trademark Office] documents all confirm that Battelle top-secret Q clearance holder Dorow and DOE-funded counsel Miller repeatedly misrepresented RPMP research to the court by claiming RPMP:

(1) “Rejected” [junked] the 2002-03 TAP-funded MDM software developed for Pulver’s small business, and instead

(2) Developed “new”, “different” and separate software called RDADS that’s “irrelevant” to MDM and must be concealed

Namely, the following excerpts cite DOE-funded counsel’s misrepresentations to the court which Battelle is using to conceal smoking-gun evidence [e.g., RPMP-funded versions of MDM] and prevent examination of code that, per PNNL scientist testimony, would confirm RDADS is MDM and further show Battelle withheld the actual DOE-funded working MDM version from Pulver’s small business:

Cr. Doc. #195 [4/1/08 Memo In Opposition To Plaintiffs’ 2008 Motion To Compel Production Of Documents] [Emphasis Added]

“In December, 2003, Mr. Dorow was asked to work on a project for the Radiation Portal Monitoring Project (RPMP). PDAC[MDM] were considered but rejected as not meeting the needs of RPMP...This new software is not the subject of the license agreement, it is different from MDM/PDAC...Accordingly, documents relating to software developed after December 2003 are in fact not relevant to any issue in this case and should not have to be produced...Kevin Dorow never had any funding to make changes to the version Mr. Pulver received...the [RPMP] program said it was not interested because it wanted to focus on Blackberry. Subsequently, they authorized Kevin to use federal funds to develop a new software package that was named RDADS. Mr. Pulver has absolutely no rights regarding this software.” [Miller]

Crt. Doc. #71 [7/28/06 Memo in Opposition To Plaintiffs’ 2006 Motion To Compel Production of Documents]

“During the past four years since the License Agreement was entered into in 2002, Battelle has developed a new software product called RDADS (Rapid Data Acquisition and Dissemination System). RDADS was created for and is being used in the Department of Homeland Security’s Radiation Portal Monitoring Project. It has absolutely nothing to do with Plaintiffs[Pulver] or their lawsuit” [Miller]

Crt. Doc. #196 [Dorow 4/1/08 Declaration Re: Plaintiffs’ 2006 Motion To Compel Production Of Documents]

“MDM/PDAC development ended when Mr. Pulver’s funding ran out which was in the September/October 2003 timeframe. In December of 2003, I demonstrated PDAC to the RPMP team—they were interested, but had new requirements that could not be satisfied by PDAC. These new requirements were discussed and funding was provided by RPMP to create a new product that would satisfy them. The development started in January of 2004 and continued through January of 2005 (and continued on after that), when an invention report was filed for this new product, RDADS” [Dorow]

Note: These and other Battelle misrepresentations are all proven false by Battelle documents and testimony exhibits below.

Click for summary list of reasons why Battelle is misrepresenting/falsifying RPMP to court & patent office.

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Exhibit Sets: Confirming RDADS is new name for RPMP Versions of MDM/PDAC [Exclusively Licensed to Pulver]

Thereby Repeatedly Refuting Battelle Material Misrepresentations to the Court and Patent Office

The links below [with captioned summaries] access pages with extensive evidence that consistently show DHS-RPMP had funded

Dorow to enhance the 2003 MDM/PDAC software that was developed & funded via TAP on behalf of small business owner Pulver.

In sum, this RPMP work resulted in derivative [follow-on] versions to MDM/PDAC running on BlackBerry with enhanced functionality.

▪ Shoemaker [named inventor on RDADS patent]: Confirms four times that RDADS is new name for MDM/PDAC

Shoemaker statements confirm what the patent application proves: RDADS is a new name for MDM/PDAC.

His 2005 statements contradict MDM-developer Dorow’s declarations to court that RDADS was new software

funded by DHS, and completely unrelated to the DOE-TAP-funded MDM software licensed to Pulver.

▪ Graphics Side-by-Side: RDADS Screens & Patent Application vs. MDM/PDAC

Architecture, input & output screens, and file names show RDADS is derivative version of MDM/PDAC.
RDADS control panel graphics/design is misappropriation of Pulver’s copyrighted MDM development work. 

RDADS control panel screen indicates that Battelle removed/withheld critical TAP-funded code from MDM.

▪ Text Comparison: RDADS Patent vs. [MDM Invention Reports & Other MDM/PDAC Documents]

Text of the patent (program flow, logic, purpose/benefit, specific words/phrases) are directly lifted from the

2002 MDM software inventions, the November 2002 MDM product specification, and other MDM documents. 

In his deposition [cited below], Shoemaker testified the RDADS patent claims apply to 2003 MDM/PDAC.

▪ Battelle April 2008 Statements to Court: 2004 PDAC Versions “became known as RDADS”

Screen shots produced by Battelle in February 2008 confirm that 2004 Versions of PDAC is MDM.

Note: 2004 PDAC color screens [Battelle calls RDADS] are identical to the 2003 MDM control panel screens.

▪ Battelle Statements, Screens and 2004 January Monthly Report: RDADS = MDM + 10 Labor Hours

Confirmed by Jan. 2004 monthly report, April 2008 statements, and 2003-2004 PDAC/MDM screens.

▪ 2008 PNNL Depositions: RDADS is MDM/PDAC thus Refuting Dorow/Miller RPMP Representations

Explicit testimony confirms RPMP funded enhancements to MDM/PDAC [e.g., porting to BlackBerry & Web browser].
Deponents included Steve Shoemaker and Dr. Ian Gorton who confirmed RDADS is another name for MDM. 
Gary Morgan confirmed Pulver’s exclusive rights to derivative versions [e.g., 2005 PDAC just before renamed RDADS].
 

▪ RPMP Project Milestone Emails & Lab Book: Chronologically show PDAC/MDM “ is RDADS

In 2004, DHS-RPMP ported/adapted PDAC/MDM to run on BlackBerry and Web browser devices/platforms.

Exhibits track the PDAC/MDM enhancements prior to 2005 “new code” scheme & rename to RDADS.
In Jan. 2005, Battelle suddenly calls PDAC/MDM “new code”, said “Pulver is toast”, hopes “no one subpoenas”.
In Feb. 2005, Battelle inventor was told to use new name “totally different please”; renamed software to RDADS. 
Patent application on “new” invention submitted in Sept. 2005 [published by USPTO in March 2007] 
 

▪ DOE Audit Records: Dorow Timecards [MDM/PDAC/RDADS developer] show PDAC/MDM renamed to RDADS

By Sept. 2003, DOE had already funded 500 hours to develop the 2002-03 PDAC/MDM licensed to Pulver.
January–April 2004: RPMP funded 100 hours to adapt/port PDAC/MDM to run on Web-browser [emulate handheld]
May–July 2004: RPMP funded Dorow 37 hours to port PDAC/MDM to operate on the BlackBerry [via RIM developer kit]. 
Aug 2004 to 1/26/05: RPMP funded Dorow 92 hours to refine PDAC/MDM BlackBerry version, renamed RDADS in Feb. 2005. 
Funding Summary:  TAP funded 68% of total hours developing MDM/PDAC/RDADS; RPMP then funded 32% hours before 
Battelle suddenly called MDM/PDAC “new code”, and wrote “NEW” invention report, renamed RDADS, [commercialization dept.
invested in patenting the “new code” RDADS, and submitted the “NEW” invention to USPTO in Sept. 2005, thus misleading the USPTO. 
 

▪ PDAC White Paper Updates [2003-2005]: Confirm 2004 PDAC [RDADS] is Follow-on Versions to 2003 MDM/PDAC

The 9/15/03 MDM/PDAC paper was updated on 12/18/03 and 9/28/04 [officially released 1/27/05 when “new code” tactic began]. 
All the versions had the identical MDM diagram and text with minor updates [e.g., adding BlackBerry to 2004 PDAC/MDM version.]. 
Dorow repeatedly testified that the 2004 paper was an update to the 2003 paper which stated PDAC licensed to Pulver.

▪ Comparison Side-by-Side Summary List: RDADS vis-à-vis MDM/PDAC

The numerous critical attributes [features/method/functionality] are common to both RDADS & MDM/PDAC.

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