Order #81

As you know if you have been following this blog, CANVS V USA was filed in the Court of Federal Claims on 11AUG10. On 18SEP13 oral arguments were heard by the Honorable Chief Justice Emily C. Hewitt. If you are interested in hearing the almost two hour long audio transcript it can be found at the bottom of the page at this URL:

http://www.canvs.com/CANVS-V-USA/CANVS-V-USA.htm

Specifically: USCFC-18SEP13.mp3

The decision (which was rendered by the new Chief Justice of The Court of Federal Claims, The Honorable Judge Patricia E. Campbell-Smith) can also be downloaded at the above URL (Order81.pdf). In case you do not want your eyes to bleed as a result of reading the 22 pages in its entirety, the image above is the conclusion with the important bits outlined in red.

UNCLASSIFIED TOP TEN LIST

Thanks to the Re-Issued April 16, 2013 Motion to Reconsider Order of Dismissal of Patent Claims for Failure to Prosecute document posted by The US Court of Federal Claims (reference Case Number 10-540C, CANVS V USA) I am proud to present the Top Ten US Government Programs that are named as potentially Infringing on my patent in CANVS V USA:

Just as a refresher, my patent deals with "sensor fusion", in the context of the devices in question they combine night vision (the green image intensifier imagery that amplifies visible and near infrared light in the scene, like from the scene in Silence of The Lambs) and Thermal or Forward Looking InfraRed (FLIR) night vision that is actually an image that shows the temperature of the objects in the scene, like in the scene at the precious metals depository heist in the movie Heat when Robert DeNiro's character, Neil McCauley, walks out front and hides in a dark corner and the technician in the SWAT van with Al Pacino's character, Lt. Vincent Hanna, switches to thermal to see McCauley standing in the shadows). Note that other technologies are also included because of the claim language ("enhanced photon based" and "thermal" imaging devices)

Here is a link to a video sequence the Army published that will get you up to speed:

http://vimeo.com/4532787

Number 10: DENVG [The Digital Enhanced Night Vision Goggle]
Number 9: FWS [The Fused Multi-Spectral Weapon Sight]
Number 8: FFW [The Future Force Warrior Weapon Sight Program]
Number 7: DVE [Drivers Viewer Enhancer, Sensor Fused Variant]
Number 6: GMS2 [The Gunship Multi-Spectral Sensor System]
Number 5: TSS [The AH-1Z Target Sight System]
Number 4: Pathfinder [Multi-Platform Sensor Fusion Electro-Optical Payload]
Number 3: Arrowhead Upgrade Program [AH-64 Sensor Fusion Electro-Optical Payload Upgrade]
Number 2: DUNS [The Dual Band Universal Night Sight]
And the Number 1 System is: ENVG [The Enhanced Night Vision Goggle]

If you are wondering how much money this involves, I can tell you that ENVG and DUNS alone are already well on their way to $6 Billion worth of expenditures.

The technical and patent law aspects of this case alone should be more than sufficient for CANVS to prevail. If one considers the history as well (including over 170,000 pages of hard copy evidence not counting video and soft copy historical documentation) the story is almost unbelievable (and I lived it). This is not a case of an inventor who was sitting in a room with no windows who got a US Patent and just waited for the Government to infringe, not by a long shot. Just to give you an idea of how many different components of the US Government I have been working with over the years, here is a short list from a document I created for Donald Rumsfeld after 9/11 that only covers the first few years of briefings and demonstrations (keep in mind I have been at this since 1996, and just think of how much rest stop vending machine snacks and airline peanuts I must have consumed!)

U.S. Military, Intelligence, and Law Enforcement Briefings & Demonstrations:

U.S. Army:

• U.S. Army Special Operations Aviation Regiment
• Commander Aviation Applied Technology Directorate (COL Waldo Carmona)
• Company A, 1st Battalion 20th Special Forces Group
• Defense Combat Development Air Maneuver Battlespace Battle Laboratory
• Commander U.S. Army Aeromedical Research Laboratory
• Warrant Officer Career Center
• Army Institute for Surgical Research Fort Sam Houston
• Office of the Armed Forces Medical Examiner Fort Campbell Kentucky
• Night Vision and Electronics Sensors Directorate (Brigadier General Jeffery Sorenson, Col. J. Kelly)
• Two Directors of The Communications-Electronics Command (Dr. Rudy Boozer, Dr. Fenner Milton)
• Dismounted Battlespace Battle Laboratory
• Joint Precision Strike Demonstration Office (Mr. Terry L. Jones, Sensors Director SFAE-IEW&S-JP)
• Army Research Office, Washington D.C. (Maj. Lyndon Wrighten)
• Army Material Command HQ (Major General Snyder)
• Picatinny Arsenal (Multi-Role Anti-Armor Anti-Personnel Weapon System team)
• Aberdeen Proving Grounds (Mrs. Grayson CuQlock-Knopp)
• Army Physical Security (LTC Michael E. Bonheim, Program Manager)

U.S. Marine Corps:

• U.S. Marine Corps War Fighting Laboratory (Mr. Joe Thompson)
• U.S. Marine Corps Night Vision Laboratory
• U.S. Marine Corps System Command

U.S. Navy:

• Naval Research Laboratory
• Program Director Night Vision and Electro-Optics/Optics Naval Special Warfare Development Group
• U.S. Navy Special Warfare Command Headquarters
• U.S. Navy Special Warfare Group One
• U.S. Navy Special Warfare Group Two
• Explosives Safety Officer Night Vision, and Weapons Program Manager U.S. Navy Special Warfare Group One
• Naval Tactical Air Command
• U.S. Navy Sea Systems Command, Landing Craft Air Cushioned Office
• Naval Air Technical Data and Engineering Service Command (NATEC)
• U.S. Navy, Crane Indiana
• U.S. Navy PAX River, Electro-Optics Payload Division

U.S. Air Force:

• Commander U.S. Air Force Research Laboratory (COL Bill Berkley)
• Wright Patterson Air Force Night Vision Operations Branch (Mr. Jeff Craig)
• U.S. Air Force Trial Judiciary Eastern Circuit

U.S. Coast Guard:

• U.S. Coast Guard Base Miami Beach
• Opalocka Air Station

Joint Service:

• U.S. Special Operations Command Headquarters
• SOPMOD Working Group
• All Service Combat Identification and Evaluation Team
• Joint Special Operations Night Vision and Electro-Optics Working Group
• Unmanned Ground Vehicles/ Systems Joint Project Office
• JUXOCOE (Joint Unexploded Ordnance Center of Excellence)
• Biometrics Security Office
• LTC Peter S. Janker, Deputy Director, DoD Biometrics for Operations

DARPA

• Dr. Arthur Moorish Acting Director Advanced Technology Office, Currently Acting Deputy Director Tactical Technology Office.
• Dr. William Jeffery Deputy Director Advanced Technology Office.
• LTC John Blitch Program Manager Advanced Technology Office.
• Raymond S. Balcerak Program Manager Microsystems Technology Office.
• Dr. Parney Albright Program Manager Advanced Technology Office.

U.S. Intelligence Agencies:

• Central Intelligence Agency (Executive Director, and Office of Science and Technology)
• The Federal Bureau of Investigation (Hostage Rescue Team)
• U.S. Department Of The Treasury (U.S. Customs Service)
• U.S. Department of Energy (Special Technologies Laboratory)

U.S. Law Enforcement:

• Deputy Director U.S. Marshals
• Executive Office of the President of the United States: Counterdrug Technology Assessment Center
• The Drug Enforcement Agency
• Airborne Law Enforcement Association
• The Coral Gables Special Weapons and Tactics Team
• The Metro-Dade County Special Weapons and Tactics Team
• The Miami Marine Patrol Special Weapons and Tactics Team
• St. Louis Metropolitan Police Department, Special Assistant to the Chief of Police
• President of The National Technical Investigators Association
• Captain Pima County Sheriff’s Department, Tucson Arizona

I will share with you a joke that I told at a briefing a long time ago (somehow it seems appropriate at this point in time). I was asked by a member of the audience, "Just how busy are you really?", I said, "If I told you, someone else would have to kill you...". There was an awkward silence for about three seconds (seemed like a life time as I stood at the podium) and then the entire room busted out in laughter and a standing ovation!

I can hardly wait to bring you up to speed on our other Federal Case, CANVS V SOCOM, that is my case involving CANVS Color Night Vision systems (Goggles and Video Systems) currently in front of the fine folks at this institution: http://www.asbca.mil. In theory we have a court date of 15NOV13 as of now depending on how loud they cry to the Judge about the shutdown and that the dog ate their homework!

If you can't wait check out the famous Green vs CANVS Color Night Vision Cigar Video:

http://www.canvs.com/CANVS-cigar.wmv

I can't tell you how many time I have had a laugh after reading what folks in chat rooms have said, claiming the video is rigged, just goes to show that one of the most dangerous things is that "you don't know what you don't know"! US Special Operations has had CANVS Color Night Vision Goggles in the field for over a decade at this point.

One last parting thought for this entry, it is really a severe condemnation of "The Media" that no one has chosen to run this story yet. I will have to tell you the story of my meetings with the President of CNN, and one of the VP's of FOX News, another time perhaps...

Oral Arguments CANVS V USA

On 18SEP13, Chief Justice Emily Hewitt of The US Court of Federal Claims heard oral arguments in CANVS V USA. While we are waiting for the written decision I thought I would share this picture with my viewing audience. After reading the inscription note that it took me ten years to get to court and as of 10AUG13 we have been in court for three years so far! Like my Vice President likes to remind me: "If it were easy, someone else would have done it already!"

And it only took me 13+ years...

Oral arguments in CANVS V USA are scheduled to be heard by Chief Justice Emily Hewitt on Wednesday September 18, 2013 at 09:30 at:

The United States
Court of Federal Claims
717 Madison Place, NW
Washington, DC 20005

Much to my suprise, the proceedings are open to the public.

If you care about the future of small business in America, the protection of Intellectual property, and holding everyone accountable to the same laws, I hope you are able to come to the proceedings and see first hand how your Government is behaving.

"DON'T WORRY, ITS THE SAME CHICKEN..."

This is the true story surrounding the origin of the Washington insider phrase "DON'T WORRY, ITS THE SAME CHICKEN..."

I will not reveal the names of the other people that were present at this event, but I will share with you that I was there when it happened. It was one of those events that just take on a life of their own. I was in Washington DC for a series of briefings and demonstrations about five years ago, it was one of the rare and happy occasions when I had the opportunity to go to dinner with a buddy of mine from Army Warrant Officer School. I met him and his friends, if memory serves it was me, him, a girl and another guy. We went to a restaurant called The Arizona Grill (I believe it was in Vienna Virginia).

The Pakistani waiter came over to our table to take our orders (I remember his nationality because when I think of the event I can't help but hear his heavy accent). When he asked if he could take our order I remember saying "ladies first". The young lady pointed to the menu and asked if the chicken fried chicken was any good, to which the waiter replied "DON'T WORRY, ITS THE SAME CHICKEN...". We all busted out laughing!

As everyone at the table was involved in working for the US Government either directly or indirectly we latched onto the phrase. My use of the phrase involves reference to utterly ridiculous situations associated with dealing with the US Government, "DON'T WORRY, ITS THE SAME CHICKEN..." is real information but it really did not answer the question "is the chicken fried steak any good?". A way of claiming you responded as required while providing no useful information but covering ones ass at the same time, a page right out of the all-star bureaucratic playbook.

In the context of Information Technology and large organizations, my Army buddy uses it in the context of "we already solved that problem, its the same chicken". This is a reference to people trying to justify their position by drumming up new work as a reaction to the latest internal political wind shift, not realizing that the problem was solved within the organization but never implemented because they never knew there was chicken to begin with!

I am sure the readers of this blog will come up with new and exciting ways to use the phrase "DON'T WORRY, ITS THE SAME CHICKEN..." BUT Beware because sometimes its not the same chicken!

Got the time?

CANVS V USA was filed in the US Court of Federal Claims on Thursday August 11, 2010. Today, if I got this right, was the first time we were allowed to depose a witness.

Time Check:

Duration calculation results

From and including:

Wednesday, August 11, 2010

To, but not including:

Thursday, April 11, 2013

Drum Roll Please...

It is 974 days from the start date to the end date, but not including the end date.

That's 2 years, and 8 months excluding the end date.

Alternative time units include:

84,153,600 seconds (Enough time for Usain Bolt to run the 100m dash 8,784,300 times).

1,402,560 minutes (equal to 23,376 episodes of 60 Minutes or enough time to make 467,520 three minute eggs).

23,376 hours (time enough to watch all six Star Wars movies back to back 1,800 times)

A Public Service Announcement: The Office Idiocy Alert System

When faced with stupidity your first responsibility is to survive so that you might document and share the details of the specific stupidity encountered so that other rational people may benefit from you experience.

Below are some suggested actions to take when faced with varying levels of stupidity. These are not strict guide lines and if you are sharper than a bowling ball you will be able to modify your response to best fit the specific idiocy in the context that it is occurring. Remember to stay calm and document every detail of the stupidity no matter how trivial so that if rational people ever are afforded the opportunity of reading you account (however statistically unlikely this is), future generations will at least be able to say, "How in the hell did they stay so calm in the face of such overwhelming stupidity?!"

LOW

While at a low stupidity level try not to make any sudden moves and cover all shiny objects as the typical moron's attention is drawn to motion and shiny objects. Avoid moving shiny objects at all costs. Do not let anyone see you doing real work or God-forbid having an original thought as this will immediately result in an increase of stupidity based on the “no good deed goes unpunished” principal.

GUARDED

Proper behavior while experiencing a guarded stupidity level requires subtle actions on your part. Proper deescalating actions are highly recommended. A tried and true method involves making sure there is plenty of coffee and free dough-nuts or cookies made available, when possible place the cookies as far away as possible from your work space, although this will not likely reduce stupidity it will at least for a short period of time put some distance between you and the stupidity.

ELEVATED

During elevated levels of stupidity it is imperative that you remain calm. If listening to Enya or Zamfir King of The Pan Flute does not keep you calm try warm milk, valume, a single malt scotch, or all of the above.

HIGH

When levels of stupidity are high, the best thing you can do is remove yourself from direct exposure to the lunacy. One tried and true method is calling in sick, as in I am sick of these high levels of stupidity.

SEVERE

Severe levels of stupidity are often accompanied by a total lack of logical behavior, no common decency, no pride in workmanship, a total disregard for customer satisfaction, and attempts to shift the blame to the only competent people still unfortunate enough to be in the vicinity of the stupidity. Suggested courses of action include crawling under your desk, laughing uncontrollably, and openly working on ones resume in plain sight of the boss. If you are the boss and the situation is not of immediate concern we suggest that you establish a new division to ensure ISO 9000 compliance of any future stupidity.

Bureaucratic Culture (AKA Monkey Business)

Harry Frederick Harlow (October 31, 1905 – December 6, 1981) was an American psychologist best known for his maternal-separation and social isolation experiments on rhesus monkeys.

In one of Harlow’s experiment (which would not pass any ethics committee nowadays), five monkeys were put into a regular monkeys’ cage, with a banana hanging high on a rope from the roof of the cage (outside the reach of the monkeys). The researcher then put a step ladder enabling the monkeys to reach the banana. However, whenever one of the monkeys attempted to climb and reach for the banana, ALL monkeys were sprayed with freezing ice cold water. After few attempts, they all learned the association between reaching for the banana and the group collective punishment of being sprayed with freezing ice cold water. If they want to stay warm and dry, they better not reach for the step ladder. From now on, none of the five monkeys tried to reach for the banana anymore. There was no need for the water treatment from that point on.

At this stage the researcher replaced one of the five monkeys with a new monkey. The new monkey, not aware of the icy water treatment, tried to reach for the banana. Within fraction of a second the other four monkeys pounced on him and beat the hell out of him – again and again, till he stopped and did not try anymore. Note, that icy water treatment was not used anymore. The same process was repeated, one of the four monkeys who experienced the original icy water treatment was replaced by a new one, and again all the monkeys beat the new monkey to submission. Finally, the cage was populated by five monkeys of whom none have experienced the icy water treatment. The experimenter then introduced a new monkey to the cage. When this monkey tried to reach for the banana, all five monkeys jumped on him and beat the hell out of him. None of these monkeys knew about the collective punishment of icy water, none knew why they are not allowed to get the banana, but somewhat along the way they learnt that reaching for the banana is not allowed. They become the guardians of this rule without knowing its purpose.

The same happens in organisation. A rule, a regulation, or a procedure, is introduced for a reason. However, after a while, the reason for it is forgotten, but the rule, regulation, or procedure stays. Nobody knows why they are following it, but they all do. Take the blue ink – black ink example that results in loss of customers. Sometime in the past, this regulation was introduced, probably because when photocopied or axed, blue ink was not as clear as black ink. However, technology has moved fast since then. Nowadays we have colour photocopiers and the quality of fax is not affected by ink colour. It doesn’t matter anymore if the ink is blue or black, yet the original regulation is still there, resulting in client loss for no real reason.

The Moral To The Story: When the process becomes more important than getting the job done its time to call Houston because WE HAVE A PROBLEM!