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DHS-RPMP ‘project milestone’ emails alone confirm that MDM Software was adapted to

BlackBerry & Web browser and renamed to RDADS thereby refuting Battelle DOE-funded attorney and Q-clearance holder Dorow’s misrepresentations to Court to conceal evidence.

 

Overview

 

In 2002-03, the Mobile Data Manager [MDM] software was developed with funding from DOE’s Technical Assistance Program [TAP] for TAP recipient Pulver, a local small business; on 8/29/08, Battelle delivered him a non-working MDM version.  Starting in January 2004, Dept. of Homeland Security’s US Customs and Border Protection Radiation Portal Monitoring Project [RPMP] funded enhancements to MDM software [renamed PDAC by Battelle]; for example, PDAC/MDM was adapted/customized/ported to run on additional platforms/devices including the Blackberry [July 2004] and Web-browser [April 2004]. These enhancements increased the commercial market potential for MDM/PDAC.  Documents [emails below] show Battelle commercialization and other staff realized the expanded opportunities, e.g., licensing.  

 

Chronologically cited below are Battelle emails obtained in the lawsuit discovery process.  They confirm at the following:

·  The DHS US Customs and Border Protection Radiation Portal Monitoring Project [RPMP] funded the development of BlackBerry and Web browser versions of PDAC/MDM from Jan. 2004 thru at least Feb. 2005 [RPMP training].   

·  On January 27, 2005, after acknowledging Pulver’s exclusive license to PDAC/MDM and derivative {follow-on) versions [e.g., BlackBerry], Battelle suddenly called PDAC/MDM-Blackberry “new code”, and later wrote “NEW” invention renamed “RDADS” in Feb. 2005; Battelle filed a patent application on “new code “RDADS” in September 2005. 

·  After February 2005 and with one exception there are no records of PDAC/MDM, only RDADS emails regarding commercialization and filing a patent to the US Patent & Trademark Office.  The one exception is PNNL patent analyst Tuan asking how RDADS differs from MDM; he requested a report from Dorow on what “distinguishes” RDADS from MDM; such a report is not in the record.

·  2004+ RDADS was not new software funded by DHS but rather a follow-on [derivative] versions to TAP-funded PDAC/MDM.

   

[Background on staff cited below:  Dorow was software developer of the MDM/PDAC/RDADS software. Shoemaker was an RPMP program manager who oversaw Dorow on the RPMP-funded work [e.g., BlackBerry]. Gary Morgan was software commercialization manager and reported thru the National Security Directorate [NSD].  In 2002, Battelle renamed Mobile Data Manager Software [MDM] to Pocket Data Access Components [PDAC]; as confirmed below, Dorow renamed PDAC/MDM to RDADS in February 2005.  Note, PNNL depositions taken in January 2008 support [don’t contradict] these emails.]

 

 

Emails Confirming that DHS-RPMP Funded 2004+ Versions to the 2003 TAP-Funded MDM/PDAC

 

August 29, 2003:  Non-Working MDM software code is delivered to Pulver.

[In a 2008 court hearing, DOE-funded attorney asserted Battelle had the right to deliver “zero” & ‘less than a Barbie doll”  to Pulver. 

Earlier, Pulver submitted evidence to the court substantiating his claims that Battelle delivered him a non-working version while

withholding & commercially marketing the working version; details are in the Documents & Evidence-Presented-To-Court sections.]

 

SVS-00203    

December 11, 2003  email [Meeting notice from Shoemaker to Flynn, Dorow et al.]

“All

I would like to discuss the integration of 3 PNNL developed tools for the homeland security RPMP project. I will provide

a wp# to cover your time at the meeting. We will be holding an informal discussion and laying out plans to transfer or

customize these tools for use by RPMP 

Kevin

I am looking for you to represent the PDAC Pocket data access components…If you have any questions, please call

me at 375-6392    Thanks  Steve Shoemaker”

 [Dorow was being tasked to develop customized versions of PDAC/MDM; customizations are derivative works.]

   

KED-00074  

December 18, 2003   PDAC White paper [Page 2 of 4]

“The Pocket Data Access Components [PDAC] software currently exists as an advance prototype (beta software) and

has been demonstrated to several external clients.  The software has been licensed in its current state to a local

company called Mobile Data Methods (operated by Phil Pulver).

We are also pursuing future development and licensing with other external partners…”

  

KED-00182 

January 15, 2004  email [Flynn to Jameson, cc to Dorow  Subject: New Development Team Member]

“Shari- Could you add Kevin Dorow to the RPMP Development team… Thanks.  Don Flynn 375-2570”

  

KED-01387-Page29

February 2, 2004 Dorow Lab Book Log Entry

   Today I continued the work on the session based web MDM client. I have got the database generation servlet

    completed and am working on the list screen”

[This further confirms Dorow was developing Web client version for MDM.  It refutes DOE-funded counsel and Dorow’s representations

to the Court that RPMP rejected MDM and developed new/separate/different software. ]

 

KED-00918

February 17, 2004  email [Dorow to Marr]   Subject:  RE: January Activity Report

“Project #45660 is the Radiation Portal Monitoring Project (RPMP).  My role on the project is developer responsible for the

integration of the Pocket Data Access Components [PDAC] into the existing infrastructure.   In January I started on the project

and began the implementation of a web-based client for PDAC (previously the only client versions of PDAC were for PDA devices). 

The web-based client version of PDAC will be used for rapidly deploying project information (Contacts lies, Lessons Learned, etc.)

as well as dynamic from generation for input into the central repository.”

  

KED-00880

February 24, 2004  email [Dorow to Stover, Joanne  Subject:  RE:  Article for IS&E Newsletter]

Excerpt:MDM is the only product we are aware of that allows for the rapid sharing of data between a large variety of data

sources and a large variety of mobile clients. The competitive products that are available focus on particular data sources

and target deployment platforms, require programming in order to generate a specific user interface on the handheld device,

and only support distribution of information (not distribution and acquisition).  Because of its dynamic mobile nature, MDM

could have a significant impact on a wide variety of marketing segments:  Providing real-time handheld catalogs

real-time distribution and acquisition of data… The Mobile Data Manager software currently exists as an advance

prototype (beta software) and has been demonstrated to several external clients.

The software has been licensed to a local company called Mobile Data Methods (operated by Phil Pulver). 

We are pursuing future development and licensing with other external partners. 

[Note: This email documents that MDM was a rapid data acquisition and distribution/dissemination system which Dorow later

named to RDADS.  Pulver’s original intent of MDM was handheld catalogs, a product/service extension of his online catalog business.] 

Also compare this KED-00880 document to the following RDADS exhibit:  

SVS-00058   -  March 12, 2005 email   [Dorow to Shoemaker and Marr]

“Abstract from the RDADS invention report—let me know if you need more details…

“The Rapid Data Acquisition and Dissemination System (RDADS) provides a fast and user-friendly way of sharing information

in legacy databases to a wide variety of clients with no programming involved.  Through the use of Java technologies, RDADS

can support connectivity to virtually any data source and can provide a custom interface to the data on nearly any device

(from PDAs and cellular phones to laptops and PC’s).””

   

KED-00905

March 10, 2004  email [Dorow to Rightmire  Subject:  RE:  February Accomplishments]  Paragraph 6

Project #45660 is the Radiation Portal Monitoring Project (RPMP).  My role on the project is developer responsible for the

integration of the Pocket Data Access Components into the existing infrastructure.  In February I continued the implementation

of a web-based client for PDAC (previously the only client versions of PDAC were for PDA devices).  The web-based client

version of PDAC will be used for rapidly deploying project information (Contacts list, Lessons Learned, etc.) as well as

dynamic form generation for input into the central repository…Kevin”

  

KED-00853

April 21, 2004  email [Dorow to Shoemaker]

Steve…Sorry for the delay—the good news is that I completed the web based client of PDAC yesterday…Kevin

 

KED-01397 [with PNNL Letter]

RPMP-funded May 2004 Version of PDAC/MDM control panel is below.  [Click on image to enlarge.]

In 2008, DOE-funded counsel told the court that 2004 PDAC versions are RDADS and all work on the

Mobile Data Manager software “stopped in September 2003” and that RPMP was not interested in MDM.

Note, the “Go to Web Client” bottom button added to the MDM control panel.
Click  Zooms showing occurrences of "Mobile Data Manager".  

 

 

KED-00155

May 20, 2004 email [Shoemaker to White copy to Dorow  Subject:  Blackberry status] 

“Mike

The Blackberry arrived today and Kevin is ready to begin the porting of the PDAC code the first of next week…

Kevin has started preliminary investigation on the porting and things look good so far.

I would like to get some sample data from you, to support he development and initial testing...I will continue to keep you

update on our progress as the development continues. Thanks.   Steve Shoemaker”

[Comment: Porting PDAC/MDM to Blackberry is derivative work to which Pulver has exclusive license rights.]

 

KED-00154

May 27, 2004 email [Shoemaker to Michael White copy to Dorow]

“Mike  Just a quick status on the development.  We have setup the blackberry with the basic services and have established

the development environment.  The PDAC server and Client side have been loaded, but still need some minor adjustments. 

The conduit software that facilitates the transfer between the servers and the blackberry client will need more development,

but this is similar to what has been required as the PDAC was ported to other platforms like the pocket pc. 

I do not see a need for the test data until next week.  Just send me the data or place it on a server or let me know who to work

with on this.  I want to try and get a better understanding of the data and how you want to use it.  Any preparation I can complete

while Kevin finished the porting, will enable us to move directly into the specific implementation you are looking for. Thanks Steve“

[Comment: PDAC Server, Client and Conduit are the Three Main Components to which Pulver has exclusive license rights.

Porting software to another platform/device is a derivative work.]

 

KED-01387-Page10

July 19, 2004 Dorow Lab Book Log Entry

“This morning I am working on the Blackberry stuff once again…I am looking into modifying the code to generate a Blackberry

specific database format (instead of the normal MIDP style DB)…next I need to modify the MDM code to extract from it. I am

now looking at how involved it is going to be to change over the existing MDM code to the new database format.”

[Comment: This further confirms Dorow was developed the BlackBerry version of MDM.  It specifically refutes DOE-funded counsel

and Dorow’s representations to the Court that RPMP rejected MDM to concentrate on BlackBerry. ]

 

SVS-00159

July 23, 2004  email [Dorow to Shoemaker and MK White  Subject:  PDAC on Blackberry]

   “Mike / Steve,

I received the code signing tools from Blackberry today (the stuff I needed to use the Blackberry Java API) and now

have PDAC with the RPMP contact data running on my Blackberry handheld.  

Mike—would you like me to load the application on your handheld?  Kevin” 

[Comment:  Dorow had developed a derivative version of PDAC/MDM that ran on the BlackBerry [cell-phone].  This was a planned

MDM enhancement since start of MDM in 2002.  See 2002 MDM inventions, papers, etc. 

 

SVS-00350 

September 24, 2004 email [Subj: PDA Capability] [Shoemaker to/cc Dorow et al. Attached: 12/18/03 PDAC White Paper] 

“Tim, The attached material is somewhat dated, so we actually have more capabilities. We now support PDA, Pocket PC,

blackberry…as well as web page delivery.  We have extended the system to support images and multi-forms within a drill down. 

I am not sure if these have been clears, so please get back to me before you distribute anything outside Battelle…

If you can share more details on the potential application of PDAC, that would be great.  Let me know what you think

and if you have any questions. I like to keep everyone here updated on possible area I am working for business development..

Thanks Steve Shoemaker. “   

Page 6 of 11 - Attachment  

“The software has been licensed in its current state to a local company called Mobile Data Methods [operated by Phil Pulver)

We are also pursuing future development and licensing with other external partners…One of these clients Ecolabs (a 3 billion

dollar a year firm) is very interested in using Pocket Data Access Components as a sales force automation tool.”

Page 7 of 11 - Attachment

System Diagram of Plaintiffs [also referenced in 20th cause of action re: copyright infringement]

Page 8 of 11 – Attachment

Gary Spanner – Provided the funding via the Technical Assistance Program to develop Pocket Data Access Components[PDAC]

Pages 9 and 10 of 11 - Attachment

Marketing/Opportunities document written by Pulver in July 2002; Battelle used this material to compete against him.

 

[Comment: This confirms the RDADS patent input screen is identical to MDM [but with this added drilldown button]. RDADS is a 2004

derivative version of MDM/PDAC, well before Battelle did “new code” stunt in Feb. 2005.]

 

SVS-00352

September 28, 2004  email  [Shoemaker to Dorow]

“Kevin

I will send it as soon as I get the go ahead from Tom.

Do you want me to help with the PDAC blackberry invention report?  If you can send me the previous report for

PDAC, I will take a stab at updating it to the blackberry.   Thanks.   Steve Shoemaker”

[Comment:  This email confirms the 2002 MDM invention report stating that MDM/PDAC had been implemented for Palm and Pocket PC

and cell phones would follow.  With DHS funding in 2004, Dorow implemented [a derivative] MDM to run on the Blackberry [cell phone].

Here, the PDAC/MDM invention report(s) was being updated.] 

 

SVS-00142  [9-28-04 PDAC White Paper]

October 25, 2004 email [Shoemaker to Goodwin, Farris, et al.]
Page 1 of 6

October 25, 2004 email [Shoemaker to Goodwin, Farris, et al.]

“All  I have submitted the attached white paper on PDAC to ERICA for clearance, your name was listed as a reviewer. Thanks”

Page 2 of 6

Unique Characteristics

PDAC is the only product that we are aware of that allows for the rapid sharing of data between a large variety of data sources

and a large variety of mobile clients. PDAC latest version provides support for detailed list structures and multiple from for data

output or interactive editing.“

Page 3 of 6

“Standard handheld PDA’s [ Pocket PC, Palm O/S, Blackberry, Tablet PC and Smart phones] are supported. “

Page 5 of 6

System Diagram of Plaintiffs [referenced in 20th cause of action re: copyright infringement]  

[Comment:  KED-00036 below is the continuation of this October 25, 2004 email.]

 

SVS-00127

November 5, 2004  email [Dorow to Shoemaker]

“Steve,  Looks like Blackberry released the new Java API that contains the phone stuff—I will get working on

recompiling PDAC with the new API and get the phone stuff integrated.    Kevin”

 

 

The above Battelle exhibits prove that development/enhancement of PDAC/MDM for the DHS RPMP project began in December 2003, over a year before the 2005 “new code” tactic by Battelle commercialization and the sudden debut of “RDADS” in late February 2005.  Numerous Battelle documents show that multiple PDAC versions [Blackberry, Web,] had been developed for

DHS Radiation Portal Monitoring Project in Fall 2004.  Emails show that as late as February 10, 2005, the DHS RPMP project for

PDAC/MDM refinements were ongoing.  After 2/10/05, there are no PDAC documents other than those revealing that RDADS

was new version of PDAC/MDM.  Two weeks later, RDADS emerges as the “new code” developed for RPMP.

 

 

KED-00036 

January 25, 2005 email  [Morgan to Dorow and Shoemaker  Subject: Pocket Data Access Components

[The PDAC Brochure Abstract for ERICA [publications system] is attached with approvers including Morgan, Goodwin et al.

 with Dorow and Shoemaker as authors.]

  “Steve:  This ERICA request was 6mths old.  Farris is not the guy, so I had them change to me and I’ve signed it off. 

   Please send me a copy of the flyer.  I’m checking on our licensing situation for this.— RE Pulver.

[Comment:  Lead IP Attorney Branton in GLR-00007 [response to I04RS007] stated Battelle had an exclusive MDM license with Pulver.]

 

SVS-00037

Jan 26, 2005  email  [Morgan to Shoemaker]

“Steve, If you are talking about the same MDC[M] pieces of code that were licensed to Pulver, then we’re still 

under the agreement with him that we can only license any 2 of the 3 parts of this three part set.  Thanks, Gary”

[Comment:  As late as 1/26/05, Battelle commercialization and legal acknowledged that Pulver had worldwide exclusivity

to the MDM/PDAC three-part component set including derivative [follow-on versions.]

 

SVS-00112

January 27, 2005 email 1:40 PM [Shoemaker to Dorow, Gary Morgan et al.  Subject: PDAC White Paper  

                                                  Attachment: PDAC #PNNL-SA-44024]

“All  The PDAC white paper has been thru clearance, so here is the new version with the document number.

 Thanks.  Steve Shoemaker “ 

 Page 3 of 5

“Because of its dynamic mobile nature, PDAC can have a significant impact on a wide variety of application.  A few examples

are listed below:  ● Providing real-time distribution and acquisition of data between the operations data center and remote agents

in the field...real-time access and update capability to records...  remote data acquisition and location tracking capabilities for

workers out in the field....Providing real-time handheld catalogs, remote ordering / inventory tracking capabilities“

Page 4 of 5

MDM System Diagram [authored by Pulver] which Battelle used to MDM/PDAC in competition with him.

Page 5 of 5

“The Pocket Data Access Components software currently exists as an advance prototype (beta software) and has been

demonstrated to several external clients.  PNNL [Battelle] is currently using the product internally to support one of its

largest projects [RPMP].  The software has been licensed in its current state and is available at this time for support of

 government clients or external licensing via the labs technology transfer process. “ 

[Comment:  This Jan. 2005 detailed cleared document confirms functionality of PDAC before it was renamed RDADS in Feb.]

 

KED-00926   [This email is the smoking-gun email recently published in the Tri-City Herald.]

January 27, 2005  1:40pm  email [Shoemaker to Dorow, Gary Morgan et al.  Subject: RE: PDAC[MDM] whitepaper]

  “All  The PDAC white paper has been thru clearance, so here is the new version with the document number. “

 

January 27, 2005  1:41pm  email [Morgan to Shoemaker and Dorow  Subject: RE: PDAC whitepaper]

  “Why don’t you guy’s file a new IR and tell me that this is all “new code”…Gary Morgan“

  

January 28, 2005  7:19am  email [Dorow to Morgan copy to Shoemaker  Subject: RE: PDAC white paper]

   “Gary, Actually, that is already in the works since we have added/changed substantial functionality. Kevin“

 

January 28, 2005  8:14am  email [Morgan to Dorow Subject: RE: PDAC white paper]

  “Cool we’ll process as new copyright and new IP - so Pulver is toast.

   Thanks, Gary [Morgan]– Sent from my Black Berry Wireless Handheld“

[Comment:  Morgan is confirming that he/Battelle has trashed/evaded Pulver’s exclusive license.]

 

January 28, 2005  8:18am email [Dorow to Thurman Subject: RE: PDAC white paper]

  “Had to share this with you—you’ve got to love the IP guys… Kevin“

 

January 28, 2005  8:20am email [Thurman to Dorow Subject: RE: PDAC white paper]

  “Nice. Hope no one ever subpoenas GM email records….“

[Comment: Thurman obviously knew Battelle was potentially exposing itself to legal/criminal action.]

 

 

 

KED-00093 and/or SVS-00093  

February 10, 2005 email [Shoemaker to Ames, Dorow et al.    Subject: Blackberry encryption]  Page 2 of 4

“…Don and Lance run the RPMP help desk and are also working the blackberry PDAC software

development, installation and operations support for Ken….Thanks Steve Shoemaker”

[Comment:  Two weeks later [below] they rename it RDADS.  This is the last PDAC exhibit on record.]

 

KED-00045 

February 22, 2005 email  [Morgan to Dorow]

New name -  totally different please

New IP number driven from the NEW IR that you write – use WP#  F05040 for a few hours to write the IR

Thanks Gary Morgan“

[Comment: A “totally different” name was a precaution to hide the “new code” tactic cited in KED-00926 above.]

  

KED-00049

Page 2 of 5

February 28, 2005 email  [Dorow to K. Darling, copy to Morgan  Subject: RE: Erica clearance of PDAC document]

“Kristine,  I just submitted the IDR on the e-IDR system—the tracking number is 1051 and the title is

Rapid Data Acquisition and Dissemination System.  Let me know if you need any other information.  Kevin“  

[Comment: This email confirms that Battelle’s new name for PDAC/MDM was RDADS.]

 

Pages 1 - 2 of 5

12:53 pm email [Morgan to Dorow  Subject: RE: Erica clearance of PDAC document]

“Ok, now the real question:  Do you think there is any patentable material in our IR ) which I haven’t seen) ?? 

If so, we’ll only have 1 years from your public exposure to patent in the US, and we lose our foreign rights the

minute you go public – it’s your call.  Gary”

1:15pm email [Dorow to Morgan  Subject: RE: Erica clearance of PDAC document]

“Gary,  I would say that the approach taken in using a self-describing data format to dynamically generate a

custom-tailored user interface on multiple types of devices / platforms is potentially patentable.  Kevin”

1:45pm email [Morgan to Dorow  Subject: RE: Erica clearance of PDAC document]

   Oh wow – yes I’d agree can you delay the [PDAC] publication until we file a patent?  Gary Morgan” 

[Comment:  This exhibit shows they renamed PDAC to RDADS and cancelled publishing & releasing the PDAC[MDM] document

until they filed a patent on RDADS based on “new code”  invention report. ]

  

KED-00060   March 8, 2005  [Page 1 of 16]

Gary Morgan, Battelle-PNNL software commercialization manager, openly stated Battelle’s intention to

commercialize RDADS in March 2005 as follows:

March 7, 2005 email [Amaya to Morgan] 

“Hi Gary,  Attached are the results of the prior art search for RDADS.  While there are several patent that have components

of the invention, I did not find any so far that had the combination of being device independent, database independent, and

without involving programming. (I’ve been in tough with Kevin on two of the patents that I found most interesting which are

noted in the text.) “

March 8, 2005 email [Morgan to Amaya copy to Dorow, Mark Goodwin, Dennis McQuerry, Kristine Darling

Subject: FW: IDR March 9th Agenda to Review (GM)

“Jodi, This is great! Thanks.  I’m going to recommend patenting to the committee this week and see what claims

we can get to protect Kevin’s nice work here.  Mark, Dennis: _ I did this interview 1:1 to get it through quickly and see

if we had any freedom to operate. I think if we can get some claims around this, we could license non-exclusively to

many different companies. Have you guy’s seen Kevin’s demo? 

[Comment:  This shows that commercial considerations caused Battelle to patent and copyright.] 

  

KED-00062

March 11, 2005 email [Morgan to White, Shoemaker, Dorow  Subj: 14714-F Rapid Data Acquisition and Dissemination System]

“The Technology Commercialization Office has 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 [14714-E RDADS].

Decision:  Category 2cp:  Active-Decision Made to Protect IP (Patent and copyright)

A decision to protect (via a patent and copyright) the contents of the Invention Report has been made and the

IP is actively being marketed - BUT ONLY under NDA - DO NOT violate our right to patent by publicly

revealing anything about this!!”

[Comment:  By marketing RDADS under Non-Disclosure Agreements, Battelle was already pursuing commercialization and

thus confirms that commercial considerations caused Battelle to allocate funds for patenting and copyright.]

  

SVS-00058  

March 12, 2005 email   [Dorow to Shoemaker and Marr]

Abstract from the RDADS invention report—let me know if you need more details…

“The Rapid Data Acquisition and Dissemination System (RDADS) provides a fast and user-friendly way of sharing information

in legacy databases to a wide variety of clients with no programming involved.  Through the use of Java technologies, RDADS

can support connectivity to virtually any data source and can provide a custom interface to the data on nearly any device

(from PDAs and cellular phones to laptops and PC’s).”

 

SVS-00369

March 16, 2005 email [Shoemaker to Ferryman   Subject:  RDADS technology for NASA ROSES

                                                                              Attachments:  PDACWhitePaper PNNL-SA-44024.doc]

“Tom, here is the background information.

We are working the patent application on this technology at this time...This could provide “a fast and user-friendly way of

sharing information in legacy databases to a wide variety of clients with no programming involved” we should get their attention. 

The old name for this is PDAC and is described in the attached white paper.

Thanks  Steve Shoemaker” 

  

SVS-00016

April 4, 2005 email  [Matheson to Dorow, Shoemaker and White

                              Subject: Rapid Data Acquisition and Dissemination System Our File No.: 14714-E]

 

“The Commercialization Manager has the responsibility of deciding for Battelle the potential commercial valued of an

invention and whether or not it is appropriate to file an patent application at this time…Any input you could provide to

the Commercialization Manager about the potential commercial value of this invention will be very much appreciated.”

 

[Comment:  Commercialization considerations were the go/no-go criteria to patent RDADS; Morgan confirmed this in his depositions.

 DOE-funded counsel’s statements to the contrary are thus inaccurate. ]

 

SVS-00035 

April 11, 2005 Internal CISD Newsletter [page 5] 

Commercialization Activities 

- The Technology Commercialization Committee decided to protect IP for the Rapid Data Acquisition and Dissemination System

developed by Kevin Dorow, Steve Shoemaker and Michael White with both a patent and a copyrightThe Rapid Data Acquisition

and Dissemination System (RDADS) provides a fast and user-friendly way of sharing information in legacy databases to a wide

variety of clients with no programming involved. Through the use of Java technologies, RDADS can support connectivity to virtually

Any data source and can provide a custom interface to the data on nearly any device (form PDAs and cellular phones to laptops

and PC's).  The technology is actively being market to several different potential customers.” 

 

KED-00082  

April 12, 2005 email [Dorow to/from Turner]

Question by Battelle’s Andrea Turner:  “How new or old is RDADS? Have we licensed it to anyone yet?”

Answer by Kevin Dorow:  “RDADS development started around the January time forma of last year –it is being actively used

by the RPMP project. There has been interest by several external clients to license it, but that won’t happen until the copyright /

patent process is completed (in the next month or so)” 

Question by Battelle’s Andrea Turner:  “Also, who is the commercialization manager for this?”

Answer by Kevin Dorow:  “The commercialization manager for RDADS is Gary Morgan.”

 

[Comment:  Battelle assigns [i.e., dedicates $ resources] a commercialization manager for RDADS which has already

been marketed to private sector as evidenced by the high licensing interest.  This further confirms that Battelle is

making inaccurate/false statements to district court when they denied commercialization considerations.]

 

SVS-00078   

April 13, 2005 email 9:10AM [Shoemaker to Andrea Turner   Subject;  RE: More info about RDADS

                                           Attachments:  PDACWhitePaper PNNL-SA-44024.doc; Pocket Data Access Componets.ppt] 

“Andrea  The latest version of the technology is call RDADS, it replaces the older PDAC.  If we could start using the new

RDADS [name] when discussing the future work, that would be best. Another old name was MDM mobile data manager.  

Thanks  Steve Shoemaker

[Comment:  Shoemaker attached documents to describe RDADS which were Pulver’s MDM software documents.]  

April 13, 2005 email 8:39AM [Shoemaker to Andrea Turner   Subject;  RE: More info about RDADS]

“Andrea, This product has an interesting history and some sensitive areas based on previous legal issues, so we need to

be clear on what is published. I would suggest a meeting if you are wanting to publish something on this product. The list

of individual stakeholders should review the materials first.  Thanks Steve Shoemaker

Page 3 of 10

“Unique Characteristics PDAC is the only product that we are aware of that allows for the rapid sharing of data between a

large variety of data sources and a large variety of mobile clients. PDAC latest version provides support for detailed list

structures and multiple from for data output or interactive editing.

Page 4 of 10

“Because of its dynamic mobile nature, PDAC can have a significant impact on a wide variety of application.  A few examples

are listed below:  ● Providing real-time distribution and acquisition of data between the operations data center and remote agents

in the field...real-time access and update capability..Providing real-time handheld catalogs, remote ordering / inventory tracking”

 

[Comment:  Page 5 of 10 shows Battelle used Pulver’s MDM System Diagram]

  

SVS-00077 

May 5, 2005 8:51 AM  email [Shoemaker to Tom Ferryman    Attachment: PDACWhitepaper12182003.doc]

“Tom  the new name is The Rapid Data Acquisition and Dissemination System (RDADS) provides a fast and user-friendly way

of sharing information in legacy databases to a wide variety of clients with no programming involved.  Through the use of Java

technologies, RDADS can support connectivity to virtually any data source and can provide a custom interface to the data on

nearly any device (from PDAs and cellular phones to laptops and PC’s). You may have been thinking of the activities conducted

under PDAC or MDM. “

May 5, 2005 8:29 AM  email [Ferryman to Shoemaker]

“Steve, What is the name of the work you told me about to facilitate ingest of data from a variety of sources? 

 As I remember it keeps changing names, I would like the latest name (and past names) …. Thanks, Tom“

Page 2 of 5

“The Pocket Data Access Components software...has been licensed in its current state to a local company called Mobile

Data Methods (operated by Phil Pulver).  We are also pursing future development and licensing with other external partners” 

Unique Characteristics

PDAC is the only product that we are aware of that allows for the rapid sharing of data between a large variety of data sources

and a large variety of mobile clients. PDAC latest version provides support for detailed list structures and multiple from for

data output or interactive editing.“

  

SVS-00053  

May 23, 2005 email   [Dorow to White and Shoemaker  Subject FW: RDADS patent application 

                                                                                 Attachments:  14714-E RDADS v3.doc; 14714-E Figs v1.ppt]

“Steve /Mike,

Attached is the proposed patent application for RDADS (of which you two are named as co-inventors). 

Please review the patent application and provide any comments you might have to either me or to Allan directly.  

If possible try to respond by June 1st.  Thanks!    Kevin”

[Comment:  Page 12 is schematic of the three-collective-components MDM architecture (database, data conduit, handheld)]
 

SVS-00054 and SVS-00030

May 23, 2005  email  [Dorow to Shoemaker   Subject: RDADS PowerPoint   Attachments: RDADS.ppt]

Three page document including screen shot of the RDADS software.  A side by side comparison of MDM and

“new code” RDADS is in the Derivative section. 

 

SVS-00012

September 9, 2005  email  [Rupp to Dorow, Shoemaker and White  Subject: Patent Documents ready for your signature]

                                      RE:  14714-E  [RDADS]

“The Assignment and Declaration papers are ready for your signature for the above referenced application”

  

SVS-00207   

September 26, 2005  email  [Shoemaker to Marr   Subject:  RE: Help with Input]

  “Tom, Here are a couple of items…

   2. RDADS—patent application submitted.

   3. Assisted 3 small business thru the TAP [technical assistance program] request dealing with Wireless security,

       emergency responder…    Thanks Steve Shoemaker ‘ 

[Comment:  After calling PDAC “new code”, naming it RDADS, and creating a new invention report on a prior invention [with expired statutory bar],

Battelle then submits the RDADS patent application.]

  

RDADS Patent Application Published - March 22, 2007

Architecture, input & output RDADS screens, patent drawings, and program names show RDADS is derived from MDM/PDAC.

[Comment: The text of the patent (program flow, logic, purpose/benefit, specific words/phrases) are directly lifted from the 2002

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

Steven Shoemaker, Kevin Dorow and Michael White are the three named inventors on patent.]

Note:  The patent application shows that Battelle lifted Pulver’s MDM control panel design code into the RDADS version

            of MDM/PDAC without his permission.  This violates the TAP agreement.

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