Guardian Alliance Technologies DENIED Again by USPTO Judges in Attempt to Invalidate Miller Mendel’s eSOPH Patent

Washington, D.C. – The United States Patent and Trademark Office (USPTO), Patent Trial and Appeal Board (PTAB) has again, for the second time, DENIED Guardian Alliance Technologies’ attempt to invalidate Miller Mendel’s 188 Patent.

BACKGROUND

The 188 patent protects certain key aspects of Miller Mendel’s eSOPH platform. Miller Mendel, Inc. asserted in a federal lawsuit filed October 9, 2018, that Guardian Alliance Technologies’ platform infringes on certain claims in Miller Mendel’s 188 patent. The patent was granted to Tyler Miller, Miller Mendel’s Founder, President and CEO on June 30, 2015, and licensed exclusively to Miller Mendel, Inc.

In response to the lawsuit filed by Miller Mendel’s counsel, Guardian Alliance Technologies on October 10, 2019, filed an “Inter Partes Review (“IPR”) with the USPTO PTAB, which is a procedure for challenging the validity of an already issued patent before the USPTO. On March 26, 2020, the USPTO PTAB judges issued a 22-page decision, denying Guardian Alliance Technologies’ Inter Partes Review request.

In response to the USPTO PTAB judges’ decision, on April 27, 2020, Guardian Alliance Technologies filed a 24-page Request for Rehearing (or “appeal”), challenging the USPTO’s decision, again. On page 7 of Guardian Alliance Technologies’ Request for Rehearing, it alleges the three USPTO judges abused their discretion in ultimately denying Guardian Alliance Technologies’ request for an Inter Partes Review of the 188 patent issued to Miller on June 30, 2015.

In addition to filing for the rehearing, in an appeal-type effort against the USPTO PTAB judges, Guardian Alliance Technologies filed for a USPTO Precedential Opinion Panel (POP) review. The POP operates at the discretion of the Director of the USPTO to decide issues of ‘exceptional importance’ to the Patent Trial and Appeal Board (issues involving agency policy or procedure, etc.). POP members include the USPTO Director, the Commissioner for Patents and their Chief Judge.

On June 16, 2020, in a 3-page decision, the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, the Commissioner for Patents, and the  Chief Administrative Patent Judge, also DENIED Guardian Alliance Technologies’ request for Precedential Opinion Panel review.

On July 27, 2020, in a 16-page decision, the PTAB again, also, DENIED Guardian Alliance Technologies’ request on Rehearing of Decision on Institution, for several cited reasons.

All the documents and decisions filed (to date) with the USPTO can be found by clicking here. IPR2020-00031.

All the documents and decisions filed (to date) with the United States District Court for the Western District of Oklahoma can be found by clicking here.

Miller Mendel takes the protection of its intellectual property seriously. Miller Mendel has an obligation to protect its intellectual property, both for the interest of Miller Mendel, Inc and its clients currently using the eSOPH background investigation software system.

ABOUT MILLER MENDEL

Miller Mendel, Inc. (“MMI”) creates, sells and supports its software technology solutions for local, state and federal public safety agencies, and is the holder of two patents (U.S. Patent No. 9070098 and U.S. Patent No. 10043188) related to the features of its flagship product, eSOPH. Our primary focus is to turn past practices used by city, county and state government into efficient and cost-effective electronic solutions. MMI is known for creating category leading systems and providing responsive, exceptional support to all our clients. We place great pride in straightforward and transparent operational practices that foster a high level of respect and praise from our government clients.

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Miller Mendel Welcomes Santa Rosa Police Department to the eSOPH Background Investigation Network

Santa Rosa, California – Miller Mendel welcomes the first law enforcement agency in Sonoma County, California to its eSOPH background Investigation software system. The Santa Rosa Police Department joins over 60 other public safety agencies across the nation that have transitioned pre-employment background investigations to the eSOPH system. The Santa Rosa Police Department plans to use eSOPH to conduct at least 100 pre-employment background investigations in their first 12-months.

eSOPH, which stands for electronic Statement of Personal History, has been used by city, county and state police agencies to conduct over 60,000 pre-employment public safety background investigations. It is specifically designed for the public safety pre-employment background investigation process, with public safety agencies using the system estimating a time savings ranging from 30 percent to 60 percent per investigation, and a significant reduction in the use of costly administrative resources such as paper, ink, postage and filing space. By transitioning to eSOPH, the Santa Rosa Police Department joins the California Highway Patrol, Riverside County Sheriff’s Department, Sacramento County Sheriff’s Office, San Joaquin County Sheriff’s Office, Orange County District Attorney, Sacramento County District Attorney and many other public safety agencies in the eSOPH network.

In addition to taking advantage of eSOPH’s industry-leading standard functionality, the Santa Rosa PD is also utilizing the optional, integrated smart fax service. eSOPH’s fax service automatically reads and then routes documents received via fax from other law enforcement agencies to the correct applicant file, attaches the received documents to the correct reference within the applicant file and notifies the investigator. Background Investigators no longer have to manually scan and upload faxes received in hard copy.

Santa Rosa PD will also be using eSOPH’s interface specifically designed in consultation with California Police Officer Standards and Training (POST) to offer their POST law enforcement consultants a more efficient and streamlined method to review the background files of hired Peace Officer and Dispatcher applicants.


ABOUT THE SANTA ROSA POLICE DEPARTMENT

The Santa Rosa Police Department, located in Sonoma County, California, serves over 177,000 residents across 42+ square miles. Known for its vast wineries, Sonoma County is roughly 50 miles north of San Francisco. Santa Rosa is Sonoma County’s largest city in California’s Redwood Empire. The Santa Rosa PD comprises 256 personnel organized into four divisions: Administration, Field Services Division (Patrol), Special Services Division (Investigations), and Technical.


ABOUT MILLER MENDEL

Miller Mendel, Inc. (“MMI”) creates, sells and supports its software technology solutions for local, state and federal public safety agencies, and is the holder of two patents (U.S. Patent No. 9070098 and U.S. Patent No. 10043188) related to the features of its flagship product, eSOPH. Our primary focus is to turn past practices used by city, county and state government into efficient and cost-effective electronic solutions. MMI is known for creating category leading systems and providing responsive, exceptional support to all our clients. We place great pride in straightforward and transparent operational practices that foster a high level of respect and praise from our government clients.

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Pima County Sheriff’s Department Joins Four Other Arizona Law Enforcement Agencies in their Transition to eSOPH

Tucson, Arizona.  The Pima County Sheriff’s Department joined more than 60 public safety agencies (and 1,600+ agency users) around the country who have transitioned their pre-employment background investigations process to eSOPH. In Arizona, the Arizona Department of Public Safety, Maricopa County Sheriff’s Office, Mesa Police Department and Scottsdale Police Department have also transitioned to the eSOPH background investigation system. The Pima County Sheriff’s Department expects to process approximately 600 pre-employment background investigations over a 12-month period using eSOPH.

In addition to taking advantage of eSOPH’s industry-leading standard functionality, the Pima County Sheriff’s Department is also utilizing the optional, integrated smart fax service. eSOPH’s smart fax service automatically reads and then routes documents received via fax from other law enforcement agencies to the correct applicant file, attaches the received documents to the correct reference within the applicant file and notifies the investigator. Background Investigators no longer have to manually scan and upload faxes received in hard copy.

eSOPH, which stands for electronic Statement of Personal History, has been used by city, county and state police agencies to conduct over 70,000 pre-employment public safety background investigations. Public safety agencies using the system estimate a time savings ranging from 30 percent to 60 percent per investigation and a significant reduction in the use of costly resources such as paper, ink, postage and filing space. Agencies using eSOPH are able to collect more information regarding an applicant’s history and overall suitability to serve in a position of public trust.

“In a particularly important time in our nation, eSOPH is helping law enforcement agencies across the nation better assess individual applicant’s suitability for positions in public trust,” said Tyler Miller, president and CEO of Miller Mendel, Inc., the creator of eSOPH. “In a single platform, eSOPH gives agencies additional tools and resources to better assess applicant suitability while also reducing the time traditionally taken to complete less comprehensive background investigations. We are committed to helping our law enforcement partners make the best hiring decisions to promote public trust in our nation’s law enforcement.”


ABOUT THE PIMA COUNTY SHERIFF’S DEPARTMENT

The Pima County Sheriff’s Department serves a county population of approximately 1,027,000 and spans 9,189 square miles. It is the 7th largest sheriff’s office/department in the nation with over 515 sworn personnel and over 800 non-sworn personnel. The Sheriff’s Department is organized into three bureaus: Corrections, Support and Operations. The Pima County Sheriff’s Department is led by Sheriff Mark Napier, who was elected by Pima County residents in 2016.


ABOUT MILLER MENDEL

Miller Mendel, Inc. (“MMI”) creates, sells and supports its software technology solutions for local, state and federal public safety agencies, and is the holder of two patents (U.S. Patent No. 9070098 and U.S. Patent No. 10043188) related to the features of its flagship product, eSOPH. Our primary focus is to turn past practices used by city, county and state government into efficient and cost-effective electronic solutions. MMI is known for creating category leading systems and providing responsive, exceptional support to all our clients. We place great pride in straightforward and transparent operational practices that foster a high level of respect and praise from our government clients.

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Sacramento County Sheriff’s Office Becomes Third Agency in County to Transition to eSOPH

Sacramento, CA.  The Sacramento County Sheriff’s Office joined more than 60 public safety agencies (and 1,600+ agency users) around the country who have transitioned their pre-employment background investigations process to eSOPH. In Sacramento County, the Sacramento County District Attorney’s Office and the California Highway Patrol are also using eSOPH.

eSOPH, which stands for electronic Statement of Personal History, has been used by city, county and state police agencies to conduct over 70,000 pre-employment public safety background investigations. Public safety agencies using the system estimate a time savings ranging from 30 percent to 60 percent per investigation, and a significant reduction in the use of costly resources such as paper, ink, postage and filing space.

The Sacramento County Sheriff’s Office expects to process at least 400 pre-employment background investigations over a 12-month period using eSOPH.

In addition to taking advantage of eSOPH’s industry-leading standard functionality, the Sacramento County Sheriff’s Office is also utilizing the optional, integrated smart fax service. eSOPH’s fax service automatically reads and then routes documents received via fax from other law enforcement agencies to the correct applicant file, attaches the received documents to the correct reference within the applicant file and notifies the investigator. Background Investigators no longer have to manually scan and upload faxes received in hard copy.

eSOPH has created hiring efficiencies for public safety agencies in the western United States, including Washington, Oregon, Arizona, Nevada, Idaho, Utah, Colorado and California. Agencies in Missouri, Louisiana, Georgia, Maryland and Washington, D.C. have also implemented eSOPH.

ABOUT THE SACRAMENTO COUNTY SHERIFF’S OFFICE

Sacramento County was established in 1850 and has a current population exceeding 1.5 million. It spans 944 square miles and includes 7 cities. The Sacramento County Sheriff’s Office is a professional law enforcement agency overseen by elected Sheriff Scott Jones. The Sheriff’s Office is responsible for both enforcement/patrol functions and the county jails. Over 2,200 dedicated professionals make up the Sacramento County Sheriff’s Office, including 1,590+ sworn deputies and 640+ professional/non-sworn staff.

ABOUT MILLER MENDEL

Miller Mendel, Inc. (“MMI”) creates, sells and supports its software technology solutions for local, state and federal public safety agencies, and is the holder of two patents (U.S. Patent No. 9070098 and U.S. Patent No. 10043188) related to the features of its flagship product, eSOPH. Our primary focus is to turn past practices used by city, county and state government into efficient and cost-effective electronic solutions. MMI is known for creating category leading systems and providing responsive, exceptional support to all our clients. We place great pride in straightforward and transparent operational practices that foster a high level of respect and praise from our government clients.