Evidence: “New code” RDADS is Derivative [Follow-on] Versions of the
2002-03 MDM/PDAC Software Exclusively Licensed to Pulver
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.
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 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.
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 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.
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.
Confirmed by Jan. 2004 monthly report, April 2008 statements, and 2003-2004 PDAC/MDM screens.
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].
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]
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.
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.
The numerous critical attributes [features/method/functionality] are common to both RDADS & MDM/PDAC.