UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

SCANZ TECHNOLOGIES, INC.,

Plaintiff,

vs.

JEWMON ENTERPRISES, LLC, et al.,

 

 Defendants.

Case No. 20-cv-22957-SCOLA/TORRES

DECLARATION OF STEPHAN TOUIZER

Case 1:20-cv-22957-RNS Document 69-3 Entered on FLSD Docket 04/11/2021 Page 1 of 6
DECLARATION OF STEPHAN TOUIZER

I, Stephan Touizer, declare as follows:

1. My name is Stephan Touizer. My date of birth is April 7, 1976 and my address is 170

Rue Rioux, Montreal, Quebec, Canada H3C-2A5. I declare under penalty of perjury that the

following is true and correct.

2. I am Founder and CEO of Scanz Technologies Inc. (“Scanz”), a financial software

company that designs, develops, and operates a proprietary stock trading platform delivered

over the internet to its global customer base of equities traders since 2003. Up until 2019, the

company was called EquityFeed Corporation (“EquityFeed) and it changed its name to

Scanz in 2019. EquityFeed’s (and subsequently Scanz’s) core competency has always been

its highly-complex, algorithmic scanning technology which it began inventing in 2005 and

continued refining for four (4) years before releasing to the public in 2009. Over the last 18

years as the CEO of Scanz, I have been involved in almost every aspect of operational

management, product planning, infrastructure design and project management tasks at Scanz,

including business development, vendor relationships, contracts, partnerships, customer

relations, and more. I have personally led the vision behind all of the Scanz platform

modules and have personally designed the application’s uniquely distinguishable graphical

user interface.

3. During my time at Scanz, the company has created proprietary and highlyconfidential source code, object code, application architectures and structures, design plans,

and other sensitive materials paramount to its technological viability and competitive

1

Case 1:20-cv-22957-RNS Document 69-3 Entered on FLSD Docket 04/11/2021 Page 2 of 6
advantages. Myself and my team have been actively engaged in guarding the confidential

technology assets of Scanz since its inception.

4. The 532 trade secrets identified in Interrogatory No. 1 are among the key

foundational elements of Scanz’s proprietary algorithmic scanning technology and are

deeply intertwined between the application’s front-end and back-end technology layers.

These foundational elements have been meticulously structured into a novel, combinational

format allowing them to interplay seamlessly to offer almost limitless, algorithmic query

combinations and results in a real-time, fully dynamic format. Up until 2016, this

highly-complex and unique combinational design delivering fully dynamic, real-time results

had only ever been seen on the EquityFeed platform.

5. The novel and distinctive combination of all elements, specifically the interplay of

what appears on the screen (interface) with the back-end server side algorithms, as described

in Interrogatory No. 1’s response, has provided Scanz with substantial economic value in the

many millions of dollars over the past 12 years. This is particularly emphasized with respect

to responses numbered 79, 396, 420, and 530, because the description with respect to these

referenced technological concepts, components and subcomponents developed by Scanz

would, from my perspective, provide an adverse competitor, and/or party wishing to

substantially clone or re-engineer our system, with a head start in understanding how to

replicate what Scanz has developed. Based on my experience in having founded Scanz

nearly 20 years ago, and having operated Scanz ever since, if any of these descriptions and

items - especially their combinational and internally interactive structure - were released to

the public, Scanz would suffer economic injury because the adverse competitor(s) and/or

party(s) would have the valuable head start necessary to begin and complete the process of

2

Case 1:20-cv-22957-RNS Document 69-3 Entered on FLSD Docket 04/11/2021 Page 3 of 6
developing a similar product. I am confident in this fact because for nearly 20 years (more

specifically the last 16 years since we began inventing and developing our core algorithmic

scanning technology) I have kept secret and never revealed any of these concepts, even in

narrative form, with the sole exception being with respect to the operation of the License

Agreement involving the Defendants. And during this same period of nearly 20 years, the

marketplace has never replicated what Scanz has developed, until the Defendants unveiled

their platform. I have attached hereto, as the Addendum, a more detailed explanation of why

these four descriptions are important in the context of both the overall descriptions in the

interrogatory no. 1 response and Scanz’ technology. I have asked my attorneys to seal the

Addendum.

6. The descriptions in Plaintiff’s response to Interrogatory No. 13 could be used by

competitors, hackers, and/or other adverse parties to decipher core understandings of the

compression algorithms which are so fundamental to Scanz’s competitive advantages and to

the Scanz business as a whole. Further, when these understandings are paired with a detailed

listing of all the distinct combinations of levels and elements that identify the particularity of

each set of Scanz’ trade secrets, the possibilities of highly-skilled computer programmers

successfully duplicating the Scanz technology platform becomes even more probable. This

reality hit home like a freight train when I ultimately discovered (after significant

investigation) that the Defendants had identically replicated Scanz’s proprietary algorithmic

scanning technology soup to nuts (which took Scanz almost a decade to perfect) in a short

period of time approximating one year. It is my sincere belief that if any of our competitors

were to view the response to Interrogatory No. 13 alongside the 532 trade secret descriptions

in Interrogatory No.1 (particularly in view of what I have said in the Appendix hereto) then

3

Case 1:20-cv-22957-RNS Document 69-3 Entered on FLSD Docket 04/11/2021 Page 4 of 6
Scanz would lose a portion of its competitive advantage and mystique about how the

platform does what it does -- these responses provide something close to a classic roadmap

for replicating Scanz’ product. The responses provide the user with a bird’s eye view of how

to think about and approach the potential decompiling of Scanz’s platform and ensuing

development of a competing product with identical functionality as Scanz’s.

I declare under penalty of perjury under the laws of the United States of America that

the foregoing is true and correct.

Dated: April 10, 2021 ____________________________

STEPHAN TOUIZER

4

Case 1:20-cv-22957-RNS Document 69-3 Entered on FLSD Docket 04/11/2021 Page 5 of 6
1 

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No. 20-cv-22957-SCOLA/TORRES

SCANZ TECHNOLOGIES, INC.,

 Plaintiff,

vs. 

JEWMON ENTERPRISES, LLC, et al.,

 

 Defendants.

ADDENDUM 

to the Declaration of Stephan Touizer

Case 1:20-cv-22957-RNS Document 69-3 Entered on FLSD Docket 04/11/2021 Page 6 of 6