`Guardian Alliance Technologies, Inc. v. Miller
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`1
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`Case No. Unassigned
`Patent 10,043,188
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`Attorney Docket No. 2993.003
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`I, Kingsley Klosson, declare as follows:
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`1.
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`From March 2003 to present, I have served as Principal of Essential
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`Software Development, LLC. During that time, my responsibilities have generally
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`included developing and delivering business software solutions, most notably for
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`the management of Combined Federal Campaign operations and law enforcement
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`background investigations supporting software.
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`2,
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`I have a Bachelor of Business Administration from National
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`University San Diego.
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`3.
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`Tama self-taught developer and have brought two major products to
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`the marketplace, both of which are in service and profitable.
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`4.
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`[have been familiar with and workedin the area of law enforcement
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`background investigation since 2005.
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`5.
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`At that time, myself, and others who worked in the area of law
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`enforcement background investigation, were looking for a way to combine and
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`automate the then-current methods, techniques, and systems for conducting law
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`enforcement background investigations.
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`6.
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`As a result, I began developing one of my products, the Peace Officer
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`BackgroundInvestigation Tracking System (“POBITS”), in 2005 and developed a
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`web-based version of the product in 2008, which wentlive in 2010.
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`2
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`Case No. Unassigned
`Patent 10,043,188
`
`Attorney Docket No. 2993.003
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`7.
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`The POBITSproduct and system is a background investigation
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`system designed to assist law enforcement agencies in conducting background
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`investigations on candidates for sworn and non-sworn positions in accordance with
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`Peace Officer Standards and Training guidelines.
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`8.
` Atthe time of my development of the POBITS,and as early as 2005,
`1, and others in the field, could access oublicly-available databases containinglists
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`of law enforcement agencies in particular areas, e.g. by zip code.
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`9.
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`The POBITSproduct and system has been offered for sale since 2005
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`and the modernized system since 2010.
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`10.
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`In conjunction with marketing and offering the POBITSproduct for
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`sale, between 2005 and 2010, I posted a POBITSonline user manual and technical
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`reference (Ex. 1004) to my company’s website,
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`http://www.esdevilc.com/pobits/help/index.html. As corroborated by the Internet
`Archive, the POBITS user manual and technical reference (Ex. 1004) was
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`available to the public no later than February 1, 2011.
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`11.
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`Ex. 1004 is a collection of screenshots of the Internet Archive
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`(http://web.archive.org) crawls or snapshots ofthe online POBITS user manual and
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`technical reference, taken on February 1, 2011
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`(https://web.archive.org/web/2011020122161 1/http://www.esdevllc.com/pobits/hel
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`p/index.html). This exhibit correctly depicts the online POBITS user manual and
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`3
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`Case No. Unassigned
`Patent 10,043,188
`
`Attorney Docket No. 2993.003
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`technical reference as of February 1, 2011.
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`12.
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`Ex. 1004 is a true and correct copy of the POBITSonline user’s
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`manual that was available to the public through the Essential Software
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`Development website no later than February 1, 2011.
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`13. All statements made herein are of my own knowledgearetrue;all
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`statements made on information and belief are believed to be true; and these
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`statements were made with the knowledgethat willful false statements and the like
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`are punishable by fine or imprisonment or both under 18 U.S.C. § 1001.
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`Date: October 10, 2019
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`Kingsley Klosson
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`4
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