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Monday, February 24, 2014

Correction from CANVS for law360.com

A web page with the URL http://www.law360.com ran a story reference CANVS V USA:

www.law360.com/articles/496259/claims-pared-in-contractor-s-night-vision-ip-row

Earlier today I sent their editor the following correction along with commentary from our Attorney:

Jonathan A. Walkenstein, President and CEO of CANVS Corporation:

"I would like to clarify one point brought up in the law360.com posting related to CANVS V USA: CANVS has never inspected, or claimed to have inspected an Enhanced Night Vision Goggle (ENVG) manufactured by Insight Technology. CANVS did however inspect an ENVG manufactured by IT&T's Night Vision Division on two different occasions. It should be noted that it is CANVS' position that any ENVG that met the US Governments requirements as stipulated in the associated ENVG calls for proposals and subsequent contracts are infringing on the CANVS patent (US Patent Number 6,911,652)."

Joseph J. Zito (Attorney for CANVS):

"Far from "paired down" CANVS' case significantly advanced forward. The Government's only defense to its direct theft was invalidity and the Government lost that issue. The case is almost over for the government, which is now left without viable defenses or excuses. The government's incredulous claim, that some government employee named Hansen invented a fused goggle ten years before Mr. Walkenstein, was summarily rejected by the United States Court of Claims."

We shall see if they run my corrections and comments...

Sunday, December 15, 2013

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.

Sunday, October 6, 2013

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...

Wednesday, September 25, 2013

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!"

Monday, September 9, 2013

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.

Saturday, April 13, 2013

"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!

Thursday, April 11, 2013

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)