`Guardian Alliance Technologies, Inc. v. Miller
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`1
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`
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`Case No. Unassigned
`Patent 10,043,188
`
`Attorney Docket No. 2993.003
`
`I, Kingsley Klosson, declare as follows:
`
`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 sofiware.
`
`2.
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`I have a Bachelor of Business Administration from National
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`University San Diego.
`
`3.
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`I am a self-taught developer and have brought two major products to
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`the marketplace, both of which are in service and profitable.
`
`4.
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`I have been familiar with and worked in 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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`Background Investigation Tracking System (“POBITS”), in 2005 and developed a
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`web—based version of the product in 2008, which went live in 2010.
`
`2
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`
`
`Case No. Unassigned
`Patent 10,043,188
`
`Attorney Docket No. 2993 .003
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`7.
`
`The POBITS product 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.
`
`8.
`At the time of my development of the POBITS, and as early as 2005,
`I, and others in the field, could access publicly-available databases containing lists
`
`of law enforcement agencies in particular areas, e.g. by zip code.
`
`9.
`
`The POBITS product 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 POBITS product for
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`sale, between 2005 and 2010, I posted a POBITS online user manual and technical
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`reference (Ex. 1004) to my company’s website,
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`http://WWW.esdevllc.com/pobits/help/indexhtml. 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.
`
`11.
`
`EX. 1004 is a collection of screenshots of the Internet Archive
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`(hfipzflwebarchivebrg) crawls or snapshots of the online POBITS user manual and
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`technical reference, taken on February 1, 2011
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`Ihttpsz/lweb.archiVeorg/web/ZO1 1020122161 l/http ://www.esdevllc.com/pobits/hel
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`plindexhtrnl). This exhibit correctly depicts the online POBITS user manual and
`
`3
`
`
`
`Case No. Unassigned
`Patent 10,043,188
`
`Attorney Docket No. 2993.003
`
`technical reference as of February 1, 2011.
`
`12.
`
`Ex. 1004 is a true and correct copy of the POBITS online 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 knowledge are true; 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 knowledge that 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
`
`Kin
`
`e Klosson
`
`4
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