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Michael O. Stevens, OSB No. 095198 

Email: michael@hillsborofirm.com

STEVENS & LEGAL, LLC

3699 NE John Olsen Avenue

Hillsboro, OR 97124

Tel: (971) 533-6178

Fax: (971) 228-2608

J. Curtis Edmondson, CASB No. 236105 (pro hac vice)

Email: jcedmondson@edmolaw.com

Kiren Rockenstein, OSB No. 175638

Email: kirenr@edmolaw.com

EDMONDSON IP LAW

3699 NE John Olsen Avenue

Hillsboro, OR 97124

Tel: (503) 336-3749

Fax: (503) 482-7418

David H. Madden, OSB No. 080396 

Email: dhm@mersenne.com

MERSENNE LAW LLC

9600 SW Oak Street, Suite 500

Tigard, OR 97223

Tel: (503) 679-1671

Fax: (503) 512-6113

Attorneys for Defendant JOHN HUSZAR 

UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

PORTLAND DIVISION

DALLAS BUYERS CLUB, LLC, 

Plaintiff,

v.

JOHN HUSZAR 

Defendants.

Case No.: 3:15-cv-0907-AC

DECLARATION OF DR KAL TOTH IN 

SUPPORT OF DEFENDANT’S MOTION 

FOR SUMMARY JUDGMENT

FRCP 56

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I, Kal Toth, declare as follows:

1. As Vice President of Systems Engineering and later Vice President of Total Quality at The CGI

Group, a company of over two thousand employees that developed software based systems for 

defense, transportation and communication applications including a highly secure messaging system 

for Canada’s embassies abroad, I managed a team conducting independent verification and validation

of the system software for this $50M project. As VP Total Quality I trained project teams across the 

company’s regional offices on the best software engineering practices to follow and adapt to satisfy 

project needs.

2. As Director of Quality for Hughes Aircraft of Canada I led teams assuring the development of the 

system and software for five air traffic control systems, as well as the evolution of Hughes' software 

development process from a traditional waterfall development model to a comprehensive iterative

software development model.

3. As Vice President of Engineering for Datalink Systems Inc. I directed and verified the work of

software engineers developing and maintaining a complex software-intensive system capturing data 

and distributing real time stock quotes to mobile customer devices.

4. I was also the director of two academic programs delivering software engineering and information 

technology courses and master degrees to working professionals in Oregon and mature students 

attending nine universities in Western Canada.

5. I assessed the reliability of MaverickMonitor exploring the software development processes and work 

products used to create MaverickMonitor which I’ve documented in several expert reports.

6. I have read the “Bunting Report” filed as Docket 145 in this case. 

7. Bunting appears to be knowledgeable and trained as a forensics investigator of digital media 

inspecting computer memories and log files using forensics tools and utilities. He has taught several 

forensics courses. However, Mr. Bunting does not appear to have any training in Software Validation 

and Verification, nor does he appear to have work experience in this area. His CV provides no 

evidence that he has any experience developing industry or commercial grade software, or 

comprehensively testing software-intensive systems to ensure that they reliably, accurately, and 

consistently meet requirements under normal, stressed, and loaded conditions. 

8. Bunting’s tests can only be characterized as “confidence tests” configured to show that the system is 

functioning. His tests do not provide objective evidence that the system works reliably as designed 

and intended. Bunting’s tests are run under very lightly loaded conditions and are not nearly rigorous 

enough to conclude that the system works consistently, reliably and correctly under either typical or 

atypical operational loads and conditions.

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9. Bunting’s tests employs four (4) personal computers PCs and a source PC (seeder). These computers 

have different BitTorrent (BT) clients (open source software applications running the BitTorrent 

protocols). He installs 4 movie clips on the source PC which “seeds” (makes available) these movies 

clips to the other 4 PCs for download using BT. Bunty then installs a “torrent file” for each of the 4 

movie clips - one torrent file on each of the 4 PCs. After a period of time he confirms that each of the 

4 PCs acquires the desired movie clip. In the second phase he works with Perino and MaverickEye’s

MaverickMonitor system claiming it detects that the test movie clips are stored on the test PCs. 

10. Bunting’s test procedures and test results are highly ambiguous. The size of these movie clips is not 

clear (could be only a few pieces). Furthermore, he does not state whether MaverickMonitor detects 

all of the pieces of one movie clip on each PC, or all of the pieces of all four movies on all four PCs, 

or only a few pieces of one movie per PC. In other words, his descriptions and expected results are 

obfuscating given that it is not possible to reason about the completeness of his test procedures, know 

what the expected results should be, or whether the expected results are truly satisfied. 

11. Bunting’s tests are also trivial. Testing with only 4 PCs with only 4 short movie clips provides does 

not provide objective proof that the system will run correctly in an operational settings were 100s or 

even 1000s of PCs collaborate in Bit Torrent swarms with numerous seeders, downloading 100s of 

full feature movies consisting of 100s or even thousands of pieces. 

12. In my experience, effective testing must be driven by technical specifications of how the system is 

required to perform under various operational conditions where test procedures, and expected results 

are precisely and systematically spelled out, and are repeatable. Trivial, ambiguously specified tests 

and results can disguise behavior under load. I therefore conclude that Bunting’s testing methodology 

and asserted results are completely inadequate for validating the MaverickMonitor system.

I swear under the penalty of perjury under the laws of the United States of America that the above 

is true and correct. 

Executed on: April 30, 2018

 

Dr. Kal Toth

Declarant

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