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Summary Points of Evidence Sections Below
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Battelle’s Dorow withheld/pocketed the DOE-funded working versions of the Mobile Data
Manager [MDM] software
and delivered a non-working version [with functionality (intellectual property) removed] to Pulver’s small business on 8/29/03, thereby violating the False Claims Act [keeping MDM software from government’s designated recipient
(Pulver)]. [“PDAC” is
Battelle alias for MDM.]
·
Under oath, Dorow
falsely represents that (1)
The DHS Radiation
Portal Monitor Project [RPMP] abandoned/junked the DOE-funded MDM
software developed via DOE’s Technical Assistance Program funding and (2) RPMP funded all “new code” [RDADS] software for RPMP
installers at US Ports and Borders. Dorow is
misrepresenting RPMP research to withhold/block critical evidence and
prevent source code examination of 2004 RPMP-funded versions of the 2003
MDM software. Such comparison with
the non-working MDM version
delivered to Pulver on 8/29/03 would further confirm that Battelle
withheld/pocketed Federally-funded research [code] from Pulver, implicating
Battelle in again violating the False Claims Act; see prior
case [incl. Congressional Record, NBC News and DOJ statements.]
·
Dorow lied/Perjured to the court by concealing Battelle
funding “TagCONNECT” investment project to
commercialize the RDADS software.
Evidence confirms RDADS is another name for RPMP-funded versions of
2003 MDM that’s exclusively licensed to Pulver. Battelle
documents distinctly show that TagCONNECT [RDADS
with RFID] technology is the same as that of Hi-G-Tek which received $15.5 M from
Battelle Ventures in 2006-07. [Details]
·
Dorow engaged in patent
fraud. Namely, he misrepresented
the 2002 MDM software inventions to the patent office [USPTO] by calling
them new, fraudulently resetting the statutory filing deadlines [2003 → 2006], and submitting
patent application on the 2005 “new code” RDADS invention which USPTO
and Battelle documents & testimony confirms is actually the 2002 MDM inventions.
Note: Battelle documents & testimony all implicate
Dorow in falsifying RPMP research to the Court and patent
office.
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1. False Claims Act Violation [Dorow Withheld/Pocketed Federally-Funded
Research from Small Business]
·
Withheld DOE-funded software code [e.g.,
catalog drilldown search] from the MDM version delivered to Pulver 8-29-03
· Marketed actual DOE-Funded MDM [with catalog
drilldown] to Ecolabs and other commercial firms by mid-2003 & later
· Nominated the working DOE-funded MDM version
[withheld from Pulver] for R&D 100
Award [R&D Magazine] in late 2003.
See
evidence proving top-secret clearance holder Dorow defrauded small business
Technical Assistance Program &
violated False Claims Act.
While accessing Air
Cargo Explosives Research
2. Misrepresentations/Perjury [Falsifying
Research & Hiding Commercial Ventures to Conceal
Battelle-PNNL False Claim]
The reason for Dorow’s false declarations & testimony [i.e., RPMP
is unrelated to MDM] is to prevent discovery [production] of smoking-gun
evidence, e.g., RPMP-enhanced versions of 2003 MDM software that would show
that the authentic DOE-funded 2003 MDM software version worked/functioned and
was enhanced by RPMP in 2004 as Battelle’s Shoemaker [RPMP program manager] confirmed in emails
and testimony.
At links below, Battelle documents [software screen shots,
emails, Dorow lab book], time records and 2008 testimony of PNNL staff all refute
Dorow’s RPMP misrepresentations.
Evidence confirms Dorow, in 2005, renamed MDM/PDAC software to RDADS
after calling it "new code" following RPMP 2004
MDM enhancements [e.g., porting/adapting to the BlackBerry] which greatly
increased its commercial market potential.
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2A. Perjury [Falsifying Research to Conceal Evidence of Misusing
DOE Small Business Assistance as Feeder to Battelle Ventures]
Extensive evidence
[Battelle emails & testimony] and
USPTO [US Patent & Trademark Office] documents confirm that Battelle’s top-secret
(Q) clearance holder Dorow & DOE-funded counsel Miller have repeatedly misrepresented RPMP research to the court by
claiming that:
(1) DHS-RPMP
“rejected” [junked] 2002-03 DOE-funded MDM software developed for and
exclusively licensed to Pulver’s small business.
(2)
Instead, developed “new and different”
software called RDADS that’s “irrelevant” to MDM and thus RDADS “must” be
concealed/withheld
to prevent software code examination
that would confirm RDADS is follow-on versions of MDM to which Pulver has
exclusive license.
Summary: Battelle’s Dorow and DOE-funded counsel are
misrepresenting/falsifying DHS-RPMP research and misled [lied to] the court
into blocking production [release]
of smoking-gun evidence, i.e., RPMP versions of the 2003 MDM software
that’s exclusively licensed to Pulver.
Note: Despite evidence implicating
Dorow in criminal activity and contrary to national security [10 CFR 710 – Safeguarding Classified Material],
DOE continues granting him
access to DHS
air cargo explosives detection technology, DOD, FBI, and other classified
research.
Click
for details, evidence and motives re:
Battelle perjury [research falsification].
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2B. Perjury [Hiding RDADS Software Commercial Venture to Conceal
Evidence of Misappropriation & Defrauding Small Business]
July 2006: Court ruled Battelle must turn over all
RDADS documents if there was evidence of RDADS being commercialized
[private use].
Aug.
2006: Pulver found evidence [investment proposal to
develop/commercialize RDADS version adapted for RFID wireless technology].
Sept.
2006:
DOE-funded counsel Miller & Battelle scientist Dorow told court that the investment commercialization
proposal was rejected.
Feb.
2008: Battelle released document confirming (i) RDADS/RFID commercialization project was funded and
(ii) Battelle lied to the court.
Summary: Documents
released in Feb. 2008 by PNNL Legal, confirm Battelle lied to the court in
2006 when it denied funding its “TagCONNECT”
project to enhance and commercialize RDADS [MDM]
software by combining RDADS with RFID.
TagCONNECT is the very same technology of
Hi-G-Tek [Battelle licensee] that received $15.5M
investment from Battelle Ventures in 2006-07.
Click
for details, evidence & motives confirming Battelle perjury [concealing
commercial ventures].
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3. Misrepresented/Falsified
DOE-Funded Software Inventions to the Patent Office [USPTO]
After DHS Radiation Portal Monitor
Project [RPMP] implemented the
2002 MDM software inventions to run on BlackBerry and other devices in 2004 and after acknowledging small business
owner Pulver’s exclusive license to follow-on [derivative] MDM versions, Battelle’s
Dorow suddenly called it “new code”,
wrote a “NEW” invention report named “RDADS”, thus obtained a ‘new’ filing
deadline [statutory bar] under false pretenses, and submitted a patent
application on RDADS invention in Sept. 2005 [Published March 2007 by
USPTO].
In 2008
testimony, Battelle commercialization staff confirmed Dorow misrepresented
the MDM software inventions to US patent office. Moreover, the 2002 MDM
invention reports, Dorow white papers, and testimony of other inventors on
the fraudulent patent application all confirm that Dorow misrepresented the
MDM inventions when he submitted the RDADS [“new code”] patent
application to the USPTO.
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4. Motives for
Dorow to Misrepresent and Conceal DHS-Funded MDM Software Versions from the
Court:
A. Code examination of RPMP-enhanced versions
of 2003 TAP-funded MDM/PDAC would further show Battelle withheld DOE-funded
software, misused PNNL’s Technical Assistance Program when it delivered the
non-working 8/29/03 version of MDM/PDAC that DOE had paid Battelle
to develop on the condition that it be provided to Pulver’s small business,
and thus violated the False
Claims Act.
B. Confirming that RPMP funded Battelle to
enhance the 2003 MDM/PDAC software would implicate top-secret (Q) clearance
holder Dorow in making False Declarations [18 USC §1623] and committing Perjury [18 USC §1621] to the court regarding RPMP. It would also show that DOE-funded attorney
Miller misrepresented RPMP research and misled the court to conceal/block
smoking-gun evidence.
C. Examining post-2003 MDM/PDAC software
versions would further confirm that the 2005 RDADS/PDAC invention is
actually the 2002
MDM/PDAC inventions, thus showing that Battelle (i)
by
applying for a patent on RDADS with “new” filing deadline, bypassed/evaded
expired statutory bars/deadlines on the 2002 MDM inventions and (ii) made False
Statements
[Patent
Laws - 18 USC §1001] to the patent office [USPTO]. This is substantiated by detailed evidence
[documents
& testimony] in Misrepresentation
to USPTO section.
D. Verifying
RPMP-funded versions [RDADS] are derivative [follow-on] to 2003 MDM/PDAC
would endanger Battelle commercialization ventures of RDADS due to Pulver’s
exclusive worldwide license to MDM/PDAC and all derivative versions. In
2004, Battelle’s legal dept. clearly and specifically confirmed Pulver’s
exclusivity to DOE’s Inspector General and Office of Science who funded the
TAP MDM work.
Note: A 2004
PNNL white paper
confirms Battelle licensed (commercialized) a
derivative version [BlackBerry] of 2003
PDAC/MDM; notably, DOE-funded counsel acknowledged/admitted to
this commercialization in the July 2010 court hearing.
E. Producing post-2003 MDM versions would
further implicate Battelle and jeopardize its rebid of PNNL or would trigger bid
protests
and lawsuits by losing bidders when/if DOE still awards
Battelle PNNL labs after financing this ongoing litigation fraud and
perjury.
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5. Supplemental
Background on Top-Secret Q Clearance Holder Dorow [Re: Fraud & False Claims] – See also Timeline.
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·
With funding from DOE’s Technical Assistance Program
[TAP] for small business, Battelle scientist Dorow developed the initial MDM
software in 2002 and enhanced it in 2003; TAP-recipient Pulver provided the
functional specifications. Note, Battelle renamed MDM to “PDAC” (alias) in
Aug. 2002. In December 2002,
Battelle exclusively
licensed MDM to Pulver worldwide in all commercial fields of use
[non-US Gov.].
·
On 8/29/03, Dorow delivers a non-working MDM version to
Pulver; note, Battelle admits to demoing a
functioning version in May 2003, marketing MDM to Fortune 500 Ecolabs [mid-2003], and nominating it
for prestigious awards in late 2003.
·
On 9/10/03, Dorow actually admitted that the 8/29/03
MDM version was “embarrassing” and told Pulver to kick in $25K to Battelle
to obtain the working/functional MDM version; in the meantime, Dorow
offered to demo the working version to Pulver’s sales prospects if Battelle
felt such demos would lead to Battelle private [Use Permit] consulting
business.
[In 2008, Battelle’s software expert testified/confirmed that
Pulver’s 8/29/03 MDM version crashed, did not work.]
·
DHS-Radiation Portal Monitoring Project funds Dorow to
adapt/enhance MDM to run on Blackberry in 2004
·
In 2005, Pulver files lawsuit against Battelle for fraud
& misappropriation of
MDM exclusively licensed to him.
·
Discovery documents in 2006 confirmed that (1) RPMP
Dorow ported/adapted/enhanced MDM to BlackBerry,
(2) In early 2005,
after realizing Pulver exclusive license to PDAC/MDM, Battelle renamed it
RDADS, called it
"new
code”,
patented
it, and pursued private/commercial business. [Battelle documents & testimony
confirm all this.]
·
Since July 2006, Dorow has submitted declarations that
DHS-RPMP abandoned/junked the DOE-TAP-funded MDM Software and instead
developed new and different software having nothing to do with MDM. This is refuted by extensive evidence
cited in the Derivative
[RDADS=MDM] exhibits section which
confirms that DHS funded MDM to run on the BlackBerry, the version Battelle
in 2005 called “new code” [named RDADS] to evade Pulver’s exclusive
MDM license.
·
In 2006, Dorow obtains top secret Q security clearance
& begins work on
classified research, e.g., air cargo explosives.
·
In his 2008 deposition, Dorow testified that RPMP
abandoned MDM; however, deposition of three PNNL scientists refute Dorow’s
testimony including one who provided RPMP funding to adapt MDM to
Blackberry & Web browser.
·
In summary, RPMP emails, Dorow’s Lab Record Book, RDADS
screen shots, DOE-provided time cards and Battelle testimony all confirm
that Dorow made False Declarations [18 USC §1623] and
committed Perjury [18 USC §1621].
·
On 6/30/08, Pulver files declaration with extensive
evidence [source code, timesheets, Dorow reports] proving that Dorow
violated the False Claims Act [31
USC § 3729] by withholding DOE-funded code from dysfunctional 8/29/03 MDM
version delivered to TAP recipient Pulver.
In his 7/28/08 reply, Dorow cited no evidence/documents
refuting the allegation that he made False Claims against the US Government
when he withheld Federally-funded work from TAP recipient. Furthermore, he
confirmed Pulver’s MDM version was unfinished, untested and had problems
working.
·
Summary
Slides, presented to
district court on 11/18/08 are based on evidence [Documents & testimony] cited herein.
·
January 29, 2009: Based on documents & testimony presented
to the court [and below], the court ruled
that there is sufficient evidence to warrant a trial by jury to determine
whether Battelle [Dorow et al.] withheld the actual DOE-funded
working/functional MDM software from Pulver and violated the TAP and MDM
License Agreements. Such withholding
of federally-funded software from government’s intended recipient [Pulver]
violates the False Claims Act.
By implication, a federal judge ruled
Q-clearance holder Dorow’s violating the False Claims Act is issue of fact.
·
For more details, other key events, and updates, see Timeline [2001-11].
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