Last Updated: Oct. 14, 2015
1980 | 1981 | 1982 | 1983 | 1984 | 1985 | 1986 | 1987 | 1988 | 1989
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1980
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1981
Per Montgomery, in 1981 or 82, he formed a company, Computermate, the business of which was to “write medical software for medical instrumentation.” eTreppid State Proceedings ECF 644-21 at 114 (Feb. 7 2006 testimony); see also California Secretary of State Business Entity Search (indicating that Computermate, Inc. Entity # C1099754, was incorporated Dec. 29, 1981).
Per Montgomery, his Computermate clients were “Corning, Corning Medical, Kodak, DuPont, American Hospital, so forth.” ECF 644-21 at 114. At some point during his work with Corning and Computermate, Corning entered into a “licensing agreement with Computermate in connection with spectral analysis of blood gasses.” Id. at 114-15. Montgomery will later contend that this copyrighted work is the “original work” from which he developed the source code that will be the subject fo the Montgomery-eTreppid litigation. See, e.g., id. at 121-24.
Note: Barrett Laboratories was not even in existence until 1984. See, infra.
1982
According to Montgomery, "[i]n or about 1982, [he] developed certain pattern recognition and anomaly detection software for which the U.S. Copyright Office granted a series of copyrights. Although those copyrights were originally held in the name of two companies that [he] owned, Computermate, Inc. and Barrett Labs, Inc., [he] received written assignments of those copyrights from each company to [him], dated April 7, 1983 and August 11, 1987. See eTreppid v. Montgomery, ECF 26-2 at ¶ 3.
He later means to assign his rights, title and interest in these copyrights to the "Montgomery Family Trust,"although he will learn sometime around February 2006 that assignments were not actually filed. Per his February 2006 affidavit, he is "in the process of obtaining the certified assignments, and will provide them and the registrations to the Court as soon as I (or my attorneys) receive them." Id. ¶ 4.
Note: Barrett Laboratories was not even in existence until 1984. See, infra.
1983
. . . .
1984
March 1984
Barrett Laboratories, Inc. is formed as a California corporation. See California Secretary of State Business Entity Search (indicting company, Entity # C1240550, was formed Mar. 9, 1984).
Per the California SOS records, the company will be"FTB suspended" at some later point. Id., see also here (defining "FTB suspected" as "The business entity was suspended or forfeited by the Franchise Tax Board for failure to meet tax requirements (e.g., failure to file a return, pay taxes, penalties, interest).")
It is currently unclear when Barrett Laboratories ceased doing business. However, per 3Net Systems' later SEC filings,
"The Company [3Net Systems] purchased and licensed various assets from Barrett Laboratories, Inc. ("Barrett"). In fiscal 1993, a major creditor of Barrett asserted that the Company was liable for $2,460,000 owed by Barrett. No basis for this assertion has been provided to the Company nor has the Company had any communications with Barrett's creditor in fiscal 1995 or fiscal 1996. The documentation on which the Barrett liability is based was signed in 1986, three years before the Company was formed. The Company does not believe that it has any obligation with respect to the debts of Barrett and the Company and its counsel believe that the statute of limitations has run on any claim that the creditor may have had against the Company.
See 3Net System's 1996 SB-2 filing.
1985
Per Montgomery, in 1985, Computermate ceased doing business and assigned its copyrights (relating to spectral analysis of blood gasses) to Montgomery. eTreppid State Proceedings ECF 644-21 at 122-24 (Feb. 7 2006 testimony). He thinks Computermate was sold, but does not remember to whom. Id. at 126.
Per Montgomery, in 1985 or 86, he formed Barrett Labs (Barrett Laboratories, Inc.). eTreppid State Proceedings ECF 644-21 at 125-26 (Feb. 7 2006 testimony). There, he continued to use the anomaly detection software first developed at Computermate. Id.
1986
Per Montgomery around the 1986 - 1987 time period, he “improved” on the original Computermate work upon transition from Hewlett-Packard computers to IBM computers. Improvements included being able to add more anomalies and process faster. eTreppid State Proceedings ECF 644-21 at 125-26 (Feb. 7 2006 testimony).
1987
Per Montgomery, he worked for 3Net Systems from about 1987 through 1992 or 93. Improvements included being able to add more anomalies and process faster. eTreppid State Proceedings ECF 644-21 at 127 (Feb. 7 2006 testimony).
Note, however, that 3Net Systems was not founded/incorporated until 1989.
May 26, 1987
Litigation. A Dennis L. Montgomery is named as a party in Case No. 351018, filed May 26, 1987 in California Sacramento Superior Court. Other persons/parties: The Henley Group, Inc. Further details currently unavailable.
Oct. 5, 1987
Fisher Scientific v. Barrett Labs. Fisher Scientific Co. sues Barrett Labs, Dennis Montgomery, and William Manak for breach of contract. See Fisher Scientific Co v. Barrett Laboratories, et al, No. 2:1987-cv-01409 (C.D. Cal.) (filed Oct. 5, 1987). The case was closed Jan. 13, 1989 (the same day that Barrett Lab v. Lacrosse, infra, was closed). Further details currently unavailable.
Nov. 11, 1987
Litigation. Computermate Inc. and “Barrett Labs” -- the two companies Montgomery asserts he founded -- are parties to Case No. 356273, filed Nov. 11, 1987 in in California Sacramento Superior Court. Other parties listed: Prospect North Ltd. Further details currently unavailable.
1988
Per Montgomery, he continues to work for 3Net Systems in 1988. eTreppid State Proceedings ECF 644-21 at 127 (Feb. 7 2006 testimony). (But, as noted below, 3Net is not formed until 1989.)
July 29, 1998
Barrett Labs v. Lacrosse, et al. Montgomery, William A Manak, and Barrett Labs file a RICO case against a host of defendants, including Allied Health & Science; Allied Health Adn Sc; Fisher Scientific Co; Fisher Scientific Gr Inc; Fisher Scientific Lt; Henley Group, Inc.; Instrumentation Lab); John A. Jenkins; Kenneth L. Lacrosse; Donald L. MacSuga; Richard Sutton; Harold F. Voege; Terry F. Walker. See Barrett Lab, et al v. Lacrosse, et al, No. 2:1988-cv-00950 (C.D. Cal.) (filed July 29, 1998).
This case is closed Jan. 13, 1989 (same day that Scientific Co v. Barrett Laboratories, supra, was closed). Further details currently unavailable.
1989
3Net Systems is "formed in August 1989 to develop new computer laboratory software known as FAILSAFE." See In the Matter of 3Net Systems, Inc., SEC Admin. Proceeding No. 3-9117 (Sept. 30, 1996) at 2; see also 3Net Systems 1996 10KSB, and California Secretary of State Business Entity Search (indicating that 3Net Systems, Entity # C1646043, was incorporated Aug. 4, 1989).
Per a later SEC order, it appears that FAILSAFE never worked. See In the Matter of 3Net Systems, Inc., SEC Admin. Proceeding No. 3-9117 (Sept. 30, 1996); see also Aug. 4, 1996 for details regarding the failures of FAILSAFE and 3Net Systems misrepresentations in its IPO filing re: same.
Jan. 13, 1989
Fischer Scientific v. Barrett Labs | Barrett Labs v. Lacrosse, et al. The Fischer Scientific v. Barrett Labs and Barrett Labs v. Lacrosse et al litigation are both closed. See dockets for Fisher Scientific Co v. Barrett Laboratories, et al, No. 2:1987-cv-01409 (C.D. Cal.) and Barrett Lab, et al v. Lacrosse, et al, No. 2:1988-cv-00950 (C.D. Cal.).
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