Note: Battelle’s Dorow [violated False Claims Act, perjured & defrauded USPTO] accessing classified research [air cargo explosives, DOD, FBI…]

Details: 1/13/10 email to Secretary Chu which he ignored [DOE violating 10 CFR§710 and ongoing security breaches at Battelle-run labs].

Ongoing Battelle Litigation Fraud/Perjury to Federal Courts

Perjury [18 USC §1621] & False Declarations [18 USC §1623]

[Dept. of Energy [DOE] Charging taxpayers $900K thru 2010]

TAP = Technical Assistance Program [DOE National Labs] for Small Business – Administered by Battelle, Funded by Taxpayers

MDM = Mobile Data Manager Software – TAP funded Battelle to develop/deliver MDM for entrepreneur Pulver’s small business.

RPMP = Radiation Portal Monitor Project [DHS Customs & Border Protection] – Adapted MDM to BlackBerry; renamed RDADS.

This summary page consists of these brief sections with links to supporting DOE/Battelle evidence: • Perjury – Misrepresenting Radiation Portal Monitor Project Research [Software] to Conceal Violating False Claims Act • Perjury – Falsely Denying Commercialization Investment to Conceal Defrauding Small Business [Pocketing Software] • Reasons for Perjury, e.g., Concealing Newer MDM Software Versions Exclusively Licensed to Pulver’s Small Business • Misconduct of DOE-Funded Attorney - Discovery Abuse [Hiding Evidence] Fined Nearly $500K by WA Supreme Court

Updates:

11/30/11: DOE-Science Suborning Perjury – Condoned by Chu & Inspector General [IG] – Impacts on Safety/Security 4/30/12: Inspector General Stonewalling After Leaking Confidential Pulver/DOJ Documents to Battelle’s Legal Team.

Perjury – Misrepresenting Research to Conceal Evidence of Defrauding DOE Small Business Assistance as Feeder for its Ventures

and Filing Fraudulent Patent Application (Misrepresenting Inventions to Reset/Evade Deadlines (Battelle admits this.)

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 examination of the software code that would confirm RDADS is follow-on version(s) of MDM exclusively licensed to Pulver.

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 exclusively licensed to Pulver.

Click for more detailed evidence proving Battelle perjury [DHS-RPMP research falsification].

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 thus lied to Court.

July 2010: Battelle finally admits in Court of commercializing post-2003 MDM versions [RDADS], e.g., licensing cited in a 2004 publication.

August 2010: After Pulver stated that Battelle corrupted discovery [to conceal evidence] in upcoming trial, judge dismisses case, thereby

enabling him to seek 9th Circuit Court review/remedy regarding the concealment of smoking-gun relevant evidence of fraud.

June 2012: Pulver submits opening brief exposing Battelle perjury by Q-clearance holder Dorow; see page 39.

Summary: Documents released in Feb. 2008 by PNNL Legal, confirm that Battelle actually misled the Court in 2006 when it denied funding its “TagCONNECT” investment project to enhance & commercialize RDADS [MDM] software. Note, TagCONNECT combined the RDADS/MDM software with RFID, the same technology of Hi-G-Tek [Battelle licensee] which received $15.5M investment from Battelle Ventures in 2006-07.

Click for detailed evidence & motive for Battelle to conceal commercialization venture from the Court.

Motive/Reasons for Perjury – DOE-Counsel Miller & Scientist Dorow Misrepresenting RPMP-Funded MDM Software Versions

1. Code examination of RPMP-enhanced versions of 2003 TAP-funded MDM/PDAC would further show Battelle withheld DOE-funded

research, misused Pacific Northwest Nat. Lab [PNNL] Technical Assistance Program when it delivered a non-working 8/29/03 version of MDM

that DOE had paid Battelle to develop on the condition it be provided to Pulver’s small business, and thus violated the False Claims Act.

2. Confirming that RPMP paid 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.

3. Examining post-2003 MDM/PDAC software versions would further confirm the 2005 RDADS/PDAC invention is actually the 2002

MDM/PDAC inventions, thus showing that Battelle, by applying for a patent on RDADS with a “new” filing deadline, (i) Reset/evaded

expired statutory bars/deadlines on the 2002 MDM inventions and (ii) Made False Statements [Patent Laws - 18 USC §1001] to patent

office [USPTO]. This is clearly substantiated by detailed evidence [documents & testimony] in the Misrepresentation to USPTO section.

4. 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 commercial license to MDM/PDAC/RDADS and all derivative versions. In 2004,

Battelle’s legal dept. specifically confirmed this exclusivity to DOE Inspector General and Office of Science that funded the MDM work.

[A 2004 Battelle PNNL paper confirms a derivative version [BlackBerry] to 2003 PDAC/MDM was licensed (commercialized) by Battelle.]

5. 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.

2009-11 DOE Fraud – Office of Science Funding/Advising/Suborning Battelle’s Perjury - Inspector General Authorized

• May 2009: DOE-PNNL site office [PNSO] manager told Pulver that taxpayers will continue funding Battelle legal costs despite evidence

of Dorow and DOE-funded counsel’s perjury [research falsification & hiding ventures]. Oak Ridge Office of Chief Counsel [ORO] confirmed this.

• Sept. 2010 Science Undersecretary Steven Koonin senior advisor states Office of Science will fund Battelle perjury to 9th Circuit to conceal

Battelle’s defrauding the DOE Technical Assistance Program, violating the False Claims Act and falsifying inventions to the patent office.

• Sept. 2010 Greg Friedman [Inspector General ] issues decision allowing Battelle to continue admitted patent fraud decision allowing

Battelle to continue its admitted patent fraud at DOE national labs [Falsifying inventions to evade statutory filing deadlines, e.g. RDADS.]

• Oct. 2010: Friedman [IG] closes the case and ignores 7 years of fraud evidence [red flags] that he specifically requested and received.

• 2010-11: Energy Secretary Chu & Science Undersecretary Koonin ignored Pulver emails [with evidence] citing Battelle litigation fraud/perjury.

[Note: Other 2006-11 emails detail Office of Science and Inspector General complicity in concealing Battelle fraud at taxpayer expense.]

DOE-Funded Counsel Prior Misconduct – Concealing Evidence - Condemned by WA Supreme Court, Federal Judge & Media

Attorney Del Miller’s law firm [Bogle & Gates] invoked tactics to wrongfully withhold critical evidence resulting in record sanctions for misconduct [discovery abuse] from the WA Supreme Court and fines from a federal judge. In an injury case, they withheld smoking-gun documents on a drug [theophylline] that permanently brain damaged a three-year old girl; in another case, they concealed Subaru rear-impact crash test results.

National press articles on this misconduct are cited due to relevancy to DOE-funded counsel’s misrepresenting the DHS Radiation Portal Monitor Project [RPMP] and concealment of Battelle commercialization investments, being used to mislead the Court into blocking smoking-gun evidence [DHS-RPMP-funded MDM versions] which would further implicate Battelle in defrauding DOE’s Technical Assistance Program, i.e., withholding software [intellectual property] from TAP small business recipients for whom DOE paid Battelle to develop, thus violating the False Claims Act.

Details: Misconduct by Counsel's Prior Firm - Two Landmark Cases – Sanctioned/Fined by Courts for Wrongfully Concealing Evidence

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