Due to impact on taxpayers [$800K bailout], lab staff, DOE, DHS, national security and PNNL rebid, this litigation evidence is provided to those with authority & duty to act in the public interest.

Battelle manages Pacific Northwest National Lab [PNNL], 5 other labs [ORNL, INL, NREL, BNL & LLNL], DHS National Biodefense Analysis & Countermeasures Center and Fort Detrick (anthrax)]

Evidence Site [Battelle Misusing Federal Assistance Program as ‘Feeder Fund’ for Corporate Ventures]

Battelle ‘Pocketed’ DOE-Funded Technology Developed for Small Business, Falsified Inventions to Patent Office & Committed Perjury

Catalogs OnLine Inc. et al. vs. Battelle Memorial Institute

Snapshot Points [Re: Battelle defrauding small business (violating False Claims Act), DOE having taxpayers fund perjury, and breaching national security (e.g., air cargo explosives)]

• Battelle misused/defrauded DOE’s Technical Assistance Program that funded development of the Mobile Data Manager [MDM] software for Pulver’s small business.

Namely, it withheld/kept the DOE-funded working MDM version from Pulver who was granted worldwide exclusive license to market, sell & develop follow-on versions.

• Battelle delivered a non-working version to him on 8/29/03. Their documents, testimony & experts confirm Battelle withheld the working version that they nominated for R&D 100 Award, adapted to BlackBerry, renamed, patented and pursued commercialization. Two 2003 sets of MDM versions thus exist: Working & Non-Working.

Battelle implicates itself: After admitting MDM worked 3 months before delivery, Battelle asserts right to deliver an unworkable version: “zero...less than a Barbie Doll”. Calling that “ridiculous” & based on extensive evidence, judge denied Battelle’s 2008 motion to dismiss Pulver’s breach of contract claim [withholding working version].

• PNNL documents & testimony confirm: (i) Dept. of Homeland Security Radiation Portal Monitor Project [RPMP] in 2004-05 funded Battelle to adapt MDM to BlackBerry that’s used by installers of radiation monitors at US ports & borders; (ii) Battelle knew adapting MDM to BlackBerry greatly increased its commercial market potential.

• In 2005, after acknowledging Pulver’s exclusive license to BlackBerry MDM version, Battelle calls it "new code” unrelated to MDM [a.k.a. “PDAC” (Battelle’s alias/rename)], wrote “NEW” invention report [“RDADS”], reset/evaded prior statutory patent deadlines/bars [re: MDM], applied for patent and commercialized RDADS despite his license.

• Evidence & admissions prove Battelle misrepresents inventions to USPTO [patent office] [False Statements 18 USC §1001]. RPMP-funded MDM versions & RDADS invention report [with 2006 filing deadline] would confirm testimony Battelle filed a 2005 patent application for RDADS that’s 2002 MDM inventions with expired 2003 deadlines.

• Battelle documents & testimony confirm: (i) RPMP MDM [PDAC] versions would show the actual 2003 MDM software worked and was enhanced [e.g., BlackBerry]; (ii) To hide evidence, MDM developer Dorow & DOE-funded counsel Miller are misrepresenting DHS research by falsely claiming RPMP junked MDM and developed “new & different” software [RDADS] that’s irrelevant and “must” be withheld; (iii) Refuted is Battelle’s denial of investing in RDADS/RFID commercial venture [re: Cargo].

In sum, Battelle’s misrepresenting RPMP & ventures to court is concealing evidence of Dorow’s misusing TAP [withholding software from the small business for whom DOE paid Battelle to develop thus violating the False Claims Act. Dorow has top-secret Q clearance access to classified material [DHS Air Cargo Explosives Detection Program…].

Updates [e.g., Undersecretary Koonin Funding Perjury [Research Falsification] to Conceal Battelle Misusing DOE Small Business Assistance as Madoff-Like Feeder Fund for Ventures]

• May 2009: Despite documented Battelle Perjury & False Declarations, DOE [at PNNL] says it will still fund this litigation that DOE Oak Ridge has been “overseeing” - Taxpayer cost $800K.

• 11/23/09 Email to Dr. Koonin: PNNL Rebid Tainted; Science Suborning Litigation Fraud/Perjury; DOE/Battelle v. SEC/Madoff; Security Breach; Defying President's Small Business Agenda

• January 2010: Emails to Energy Secretary Chu, Homeland Security Secretary Napolitano, Patent Commissioner and Commerce Secretary Locke. [Re: Battelle violations impacting them]

• 7/26/10 Email: Commerce Sec. Locke ignored evidence of Battelle defrauding small business & patent office and named it to National Advisory Council on Innovation & Entrepreneurship

[Council tainted, Battelle emboldened to exploit others, Commerce/Battelle (re: Entrepreneurs) repeating SEC/Madoff (re: Investors), and contradicting President’s small business agenda.]

• 8/27/10: Complaint to Inspector General - Battelle testimony admitting patent fraud: Falsifying DOE-funded inventions to USPTO, evading statutory deadlines & citing 2005 example [RDADS].

Background: Timeline [2001-2009] 8/3/09 News Article President's Statements Supporting Small Business Battelle Awards to Pulver[w/background]

Summary Section: Overviews with Evidence [Battelle Emails, Papers & Testimony] Main Overview [Read First] [See also proffered evidence causing Court to deny Battelle dismiss motion]

Topics: Misused DOE Assistance - Asserted Right to Deliver “Zero” - False Claim | “New Code” Tactic | Patent Fraud | Falsified DHS-RPMP Research | Concealed Commercial Venture

Battelle Misrepresenting RPMP to Court ® DHS Clearly Did Fund 2004-05 MDM Versions: Evidence [Battelle & USPTO] Email Trail [2004-05: RPMP Adapted MDM to BlackBerry…]

“New Code” Emails: After confirming Pulver exclusivity to 2005 MDM/PDAC, Battelle calls “new code”, says "Pulver is toast...hope no one subpoenas'” & patents “NEW” invention [RDADS].

Misrepresenting Inventions to USPTO [Deadlines Evaded]: (1) Battelle admits circumventing statutory bars by writing "NEW" invention reports on prior inventions to reset “timeframes”.

(2) Suddenly calls MDM/PDAC “new code" in 2005, renames ‘NEW” invention to “RDADS”, resets patent filing deadline to 2006 [from 2003]. [Confirmed by Battelle testimony & documents]

Battelle’s ‘own’ 2003 MDM Licensing Deal [Ecolabs]: Competing against Pulver’s small business when delivered non-working 8/29/03 MDM version to him. [Use Permit Conflict of Interest]

Battelle-PNNL 2008 Testimony: Official Depositions with Excerpts Proving Research Falsification by Q-Clearance Holder [Re: RPMP, Patenting “NEW” Invention (RDADS) & Commercialization]

Prior False Claims Violation [Laul v. Battelle-PNL (Double Billing)]: Congressional Record; NBC News [Fleecing of America]; DOE Inspector General Recommended Criminal Sanctions

for Battelle’s “Fraud and False Statement"; Taxpayers charged $1M; Battelle Threatens Future Whistleblowers Dept. of Justice: Battelle Pays US to Settle False Claims Act Violation

Email questions/comments to pulver@bmi.net.