Official Complaint for Patent Infringement in Civil Action No. 1:11-cv-03861-JEC: Ferguson et. al. v. State of Maryland et. al. Filed in U.S. District Court for the Northern District of Georgia, the Hon. Julie E. Carnes presiding. See http://news.priorsmart.com/-l4DC for more info.
Official Complaint for Patent Infringement in Civil Action No. 1:11-cv-03861-JEC: Ferguson et. al. v. State of Maryland et. al. Filed in U.S. District Court for the Northern District of Georgia, the Hon. Julie E. Carnes presiding. See http://news.priorsmart.com/-l4DC for more info.
Official Complaint for Patent Infringement in Civil Action No. 1:11-cv-03861-JEC: Ferguson et. al. v. State of Maryland et. al. Filed in U.S. District Court for the Northern District of Georgia, the Hon. Julie E. Carnes presiding. See http://news.priorsmart.com/-l4DC for more info.
U.S.D.C. All.... IN THE NOV -8 !O11 NORTHERN DISTRICT OF GEORGIA JAMES ". HAUEN, CLERK c t ~ MARTY RICHARD FERGUSON CASE NO. _ AND M.E.R.S. (AFTERCARE), PLAINTIFF'S, VS. 1:11-CV-3861 STATE OF MARYLAND ET AL, DEFENDANTS. PRELIMINARY BRIEF I. NOW COMES, PLAINT1FF, MARTY RICHARD FERGUSON AND THE MAATIAN ETHICAL RECOVERY SYSTEM (MERS) PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE, (FRCP) U.S.C.TITLE 35 ET SEQ, LPR1 ET SEQ, THE CIVIL RIGHTS ACT OF 1866 SUBSECTIONS 1981, 1981(a), AND 1982 AND THE AMERICANS WITH DlSABITIES ACT (ADA). PLAINTIFF, FILES PAYMENT OF FILING FEE'S AND THE FOLLOWING BRIEF IN COURT WITH NOTICE OF ACTUAL FILING WITHIN 30 DAYS. II. Article I Section 8, Clause 8 of the United States Constitution, known as the Copyright and Patent Clause ( or Patent and Copyright Clause), the intellectual Property Clause, empower the United States Congress: "To promote the Progress of Science and useful arts, by securing for Limited times to Authors and Inventors the Exclusive Right to their respective Writings and Discoveries." The Clause confers two distinct powers: the power to secure for limited times to authors the exclusive right to their writings as the basis for U.S. Copyright Law, and the power to secure for limited times to inventors the exclusive rights to their discoveries as the basis of U.S. Patent Law. Because the Clause contains no language under which Congress may protect Trademarks, those instead are protected under the Commerce Clause. Useful Arts does not refer to artistic endeavors, but rather to the work ofartesians, people skilled in manufacturing craft. Science is not limited to fields of modem scientific inquiry, but to all knowledge, including philosophy and literature. III. Additionally, Tortious lnterference, also known as intentional interference with contractual relations, in common Law of Tort, occurs whenone person intentionally damages the plaintiffscontractual or other business relationships. This tort is broadly divided intotwo categories, one specific to contractual relationships ( irrespective of whether they involve a contract) and the other without a contract. Description Tortuous interference with contract rights can occur where the tortfeasor convinces a party to breach the contract against the plaintiff, or where the tortfeasor disrupts the ability of one party to perform his obligations under the contract thereby preventing the plaintiff from receiving the performance promised. The hardcore instance of this tort occurs when one party induces another to breach a third party, such conduct is terned tortuous inducement of breach of contract. Perhaps the earliest, instance of recognition of this tort occurred in Garrett v. Taylor. 79 Eng. Red. 485 (K.B. 1620). In that case, the defendant drove customers away from the plaintiff's quarry by threatening to "vex] them ]with suits". The King's Bench Court said the defendant threatened violence to the extent of committing assault upon .... Customers of the plaintiff .... Whereupon they all desisted in buying,". Or In Keeble v. Hickringill, (1707) 103 Eng. Rep 1127, styled a trespass on the case, the defendant had used a shotgun to drive ducks away from a pond, here the actionable conduct was not directly griving customers away, but rather eliminating the subject matter of the prospective business, The Justice Holt wrote for the Courtthat"where a violent or malicious act is done to a man's occupation, profession, or way of getting a livelihood, their an action lies in all cases". Conclusion IV. The financial crisis provided the Plaintiff, the Sole Proprietor a sobering reminder of what happens when innovation fails to drive productive economic growth, as written by the Harvard School of Business (HSB) in it's "Working Knowledge" website paper "Radical Innovation". For over a decade money from around the world poured into the United States seeking innovations. Despite these massive investments, when adjusted for inflation, U.S. GOP grew slowly with much more of that growth comingfrom government, professional andbusiness services including real estateand outsourcing. What's more inflation and adjusted wages stalled for many even as consumer spending increased. The current economic conditions force the plaintiff forward with the HSB and moves for Confirmation of his Maatian Ethical Recovery Sysetems Patent M.E.R.S. '(Aftercare) and argues that innovation is not a side business to a real business, rather innovation innovation is the Foundation ofa Successful Business. As Lynda Applegate proclaims in her June 2009 HSB report" Don't just survive-v-Thnve: Leading Innovation in Good times and Bad! Having been battered by contracting markets and frozen credit, like many businesses today [we] are fighting for survival. Indeed the current global crisis provided the Sole Proprietor of the Maatian Ethical Recovery System with it's mandate for restructuring. But survival is not the end goal. In fact cost cutting and restructuring are the first steps in repositioning and creating a leading new company. Plaintiff, Marty Richard Ferguson, the Sole Proprietor of the Maatian Ethical Recovery System hereinafter, M.E.R.S. an African American with (former) Disability notifies the State of Georgia, State of Maryland and the United States that his restructuring continues successfully and brings the matters herein before the United States to resolve these controversies] for Official Review.
Pro Se % Maatian Advocacy Group Marty Richard Ferguson Sole Proprietor, M.E.R.S. Inventor; M.E.R.S. '(Aftercare) 7J6 !6o;{' ,i7z./ftff/J/ C I'J . Certificale of Service I DO HEREBY CERTIFY that I have served the foregoing notice and PRELIMINARY BRIEF with first Class U.S. Postage thereon addressed to the State of Maryland this 7 th Day of November 2011 addressed to: %Alexander M. Sanchez, Secretary Department of Labor, Licensing and Regulation Divisionof Occupational andProfessional Licensing 500 North Calvert Street, 3" Floor Baltimore, Maryland 21202-3651 Courtesy Copy to the Commissioner of Patent ------------------ DIVISION OF OCCUPATIONAL AND PROFESSIONAL liCENSING 500 North Calvert Street, 3rd Floor Baltimore, MD 21202-3651 Mo[lR Stanley J. Botts, Commissioner D,P\R I MENT OF LABOR, LlClNS1NG A>;D REGULATION October 31, 2011 Dear Mr. Ferguson: The State Board of Plumbing is in receipt of your correspondence dated October 5, 2011. Your correspondence does not state whether you are requesting an apprenticeship renewal application or apply for an original apprenticeship. In order to better assist you, please contact this office at (410) 230-6164. Your correspondence stated that you submitted a fee of $15.00, however there was no fee included. Sincerely, ~ n J 4 //4<--c ~ ~ ~ Clarya'" Administrative fifer State Board of Plumbing TTY USERS, CALL VIA THE MARYLAND RELAY SERVICE INTERNET: VVVVW.DLLR.STATE.MD.US E-MAIL: OP@DLLR.STATE.MD.US MARTIN O'MALLEY, GOVERNOR ANTHONY G. BROWN, LT.GovERNOR ALEXANDER M, SANCHEZ, SECRETARY Marty Richard Ferguson P.O. Box 440 Atlanta, Georgia 30301-0440 October 5.2011 Alexander M. Sanchez Secretary of Labor Licensing and Regulation 500 North QQaAeS Street (' 4 ~ 7 Baltimore, Maryland 21202 Dear Secretary Sanchez: Greeting to the Honor and warm regards to all of Maryland. You may not recognize the company name on the letterhead of the Website attached, but this was my reasoning and purpose of entering Apprenticeship Plumbing in Maryland I've started my own Small Business company which I call the Maatian Ethical Recovery System. This company was supposed to purpose the American with Disabilities Community. As you know, I've spent nearly 6 years in a plumbing apprenticeship in Maryland until the collision of March 20, 2003 and then things changed or so people thought. But the fact remains my plans remain true on course and achievable. I am fully qualified for every plumbing license via the Maryland Apprenticeship Program with Associated Builders and Contractors in Maryland with the exception of Master Plumber. (With a former Contractual Agreement with BGE Home Products and Services.) Aside from Plumbing I remain a multi-talented individual in other areas before Plumbing however my unseen character effects bothered me for a very long time. I'rn putting that background to use in my new company. producing products and technology that individuals in this community can use as for years to come. 1/64 Standard of Excellence In Holding to my 1/64 standard I submit to you copy of my Backflow Prevention Device License which expires in February 2012 and my $15.00 money order for that Plumbing License which includes sitting for exam for Journeyman PlumberlGas Fitter. As I impressed to all parties since that fateful collision at Russell and Bayard Streets my situation was serious and critical beyond those medical conditions which have healed some time ago. but the situation remains mysteriously serious and critical. Marty Ferguson October 5, 20 I I Page 2 Over-involvement in old Business And taking Inventory One of the worst things anyone can do to an American with Disability is to continue to force him or her to remain involved in old business. This is sure sign of potential Relapse. Another thing that people should not do is to consistently take inventory, as this is another sure method to create relapse. Happily, I still believe that I have the ability to create and produce this product of a Small Business Plumbing company for the ADA community. It should already be in operation. And I still boast the finest products in the World, You can't outperform my Plumbing or my programmed lifestyle despite the eonditions at the moment. These are the keys to my position. If I am given exclusive access to my business I will bring forth success. however when others who do not have my best in mind are allowed access I can show you failure, apathy and procrastination. Conclusion and Solution I respectfully beg the Honor to excuse me if I come across overly bold or brazen. This is not my attempt, I'm simply dealing with a difficult situation but time is running out. I share with Maryland the bare fact that many, many. nights I have gone to my bed fractured in utter tears over this situation. That's because I saw it coming long before it happened but no one in Maryland listened. Let's face it some people don't want other people to have success aside from the fact that Plumbing companies and contracts are worth millions of dollars. I have lost an enormous amount earnings via this "so-called" agreement with Constellation Energy which has ended. At the end of the day I'm thankful to be alive and still in good health. But this doesn't mean I will allow anyone to profit from the circumstances if [ can help it. The impairment from the obvious wealth on the other side of this $15.00 license to return to work is all too obvious. Understanding that Maryland's position is Maryland License, Maryland Plumber but that's too simple and doesn't truthfully reflect the Problem. My treatment at Johns Hopkins for addictions management was total, complete, AND IMMACULATE and remains (14 plus years sobriety). Marty Ferguson October 5, 20 II Page 3 Maryland's losing money, I'm losing money, and the United States is losing money; this is the corporate error for lack of support to this apprenticeship from Maryland. I left Maryland in 2003 from a disaster, returned to a disaster, and left again on a disaster. The sheer weight of the evidence screams "Danger Will Robinson, Danger". I have lived outside of Maryland for over 75% of my life but I have 40 years of debt in the State? The only solution here is to respectfully request my Plumbing license attached and shown of the Honor and move on smartly. Here's my dilemma; its only October and I need money for corporate space for my company, If I had my Plumbing license this scenario would not exist. Especially at a time when the United States is looking for any and all means to get Americans back to work? I find I must shut down early and planning for next year? Notwithstanding the stigmatic injury. Please forgive for the long letter but I think Maryland is taking Inventory and otherwise over-involved with matters that could better be resolved with the issuance of license rather than withholding of a $15.00 license. I thank the Honor for his time and consideration and wish Maryland the best of luck. I send my warmest regards to Maryland but I've done my job there given the conditions. Respectfully Submitted, l J ~ t t J ~ Marty R. Ferguson Founder, Maatian Ethical Recovery System Cc Maryland State Board of Plumbing License rcequrrements - rvtarytanu nuaru or Y1Umu1I1g r(1ge;: 1 Ul L DLLR's Division of Occupational and Professional Licensing License Requirements - Maryland Board of Plumbing Category Qualifications Master Plumber/Gas Fitter Person must have held a journey license for at least two years; and Person must have completed 3,700 hours of training under the direction and control of a licensed master plumber; and Person must pass a comprehensive written examination. Journey Plumber/Gas Fitter Person must have held an apprentice license for at least 4 years; and Person must have completed 7,500 hours of training under the control and direction of a licensed master plumber; and Person must have cornpleted 32 hours of training in backflow prevention device testing; and Person must pass a comprehensive written examination. Apprentice Plumber/Gas Fitter Person must be at least 16 years of age. Master Natural Gas Fitter Persons shall have a current Master Gas Filler license from Baltimore City, Baltimore County or VVSSC; or Until 10/1/2002, Have at least 4 years of experience, and completed an approved training program; or Possess an HVACR Master or Master Restricted license, have at least 2 years of gas filling experience as a journey gas fitter under a master gas fitter, plumber or HVACR master, who is found to be approved, and pass an examination. Journey Natural Gas Fitter Persons shall have a current Journey Gas Fitter license from Baltimore City, Baltimore County or VVSSC; or Acquired 3,750 working hours as an apprentice natural gas filler over a period of at least 2 years under the direction and supervision of a licensed master gas filler or master plumber Note; After 10/1/2001 Persons applying based upon experience will also be required to LIcense rcequtremerus - .vraryranu racaru or r-turnmng rage L. or L. complete an approved training course and pass an examination. Apprentice Natural Gas Fitter Person must be at least 16 years of age. Propane Gas Fitter (Certification) Person must hold a current certification of (Certification) completion of the National Propane Gas Association certified training program for Distribution Systems Operations; or Person must hold a gas fitters license from a county or municipal corporation authorizing the person to provide gas services under a licensing program in existence prior to July 1, 1995; or, Person must demonstrate to the Board that the person's qualifications are at least equivalent to the qualifications required by the National Propane Gas Association training program for distribution systems operations. Return to the Division of OCcupational and Professional Licensing home page III Questions or comments regarding the Board of Plumbing may be directed to plumbinCl@dllr.state.md.u5 (maino:plumbinq@dllr.state.md.us) . Questions or comments regarding the Division of Occupational and Professional Ucensing may be directed to oP@dllr.state.md.us (maino:oCJ@dllr.state.md.ys) . Questions or comments regarding the DLLR website may be directed to webmasterdllr.state.md.us (mailto:webmaster@dllr.state.md.usl . Updated December S, 2009 ivraryranu noaru or r-rumomg - UIVISlUn or uccupauonal anu r-roressionar Licensmg rage lUlL. DLLR's Division of Occupational and Professional Licensing Maryland Board of Plumbing The State Board of Plumbing licenses and regulates individuals who provide or assist in providing plumbing and gas services in Maryland. As of October 1, 2000 the Board issues natural gas filter licenses to qualified individuals who are non-plumbers. Both of these types of licenses are required for work throughout the State except for B a ~ i m o r e County and the areas served by Washinglon Suburban Sanitary Commission (WSSC). These Iwo jurisdictions issue Iheir own licenses and have their own plumbing code. The State Plumbing Board also issues a certificale to qualified individuals, who are non plumbers, to provide propane gas services throughoullhe entire Stale. Board Members: Michael J. Kastner, Jr., Chair, Induslry Member, Howard County Keith R. Horton, Vice Chair, Industry Member, Baltimore City Jon Garner, Industry Member, Garrell County Charles Lenderking, industry Member, Worcester County Joseph A. Radtka, Induslry Member, Anne Arundel County Russell A. Wiebking, industry Member, Howard Counly Vacanl, Consumer Member Vacanl, Consumer Member Vacant, Induslry Member Vacant, Execulive Director Brenda Clark, Administralive Aide Maryland Apprenticeship and Training (..I..Ilabor/appr.htmll Doing Plumbing Work in Maryland INilhout A License or Insurance? Worth Going to Jail? (plnolic.shlmil Enforcement Alert - Lead-Based Painl (plepa.shlml) Public Meetings Regular business meetings of Ihe Slate Board of Plumbing are scheduled for the Ihird Thursday of each month. They are held at 500 North Calvert Street and begin a110:30 a.m. - DLLR calendar U ..I0PLD . Meeting Minutes Umin/plmin.shlml) Maryland Board of Plumbing 500 N. Calvert Street Room 302 Baltimore, Maryland 21202-3651 (410) 230-6270 Fax (410) 333-6314 e-mail: plumbing@dllr.state.md.us(maino:plumbing@dllr.state.md.usl Disclaimer 1..I..Iabouldlir/pnvacyslatement.shtmil Rerum to the Division of Occupational and Professional Licensing home Dage f../J Questions or comments regarding the Board of Plumbing may be directed to plumbinqdllr.state.md.us fmailto:plumbinct@dllr.stale.md.usJ . Questions or comments regarding the Division of Occupational and Professional Ucensing may be directed to op@dll,.state.md.us fmailto:oP@dllr.state.md.usl. M.E.R.S. *(Mechanical) Imago Dei, Imatatio Dei, "As we Learn, We Practice," Home Under Construction! About Us And thanks for stopping b" M ER_S "(Mechanical). \J,,'e will be a premier Mechanical Contractor hoping to help ;'011 \.vi th all phases of commercial plumbing. Contact Us W..:. believe \\C arc a capsrouc . causeway and searchlight for the Mechanical commururv Let's discuss your ideas! YoU!' free consultation is just a phone call away. V"lst4t:"n!
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MARTY FERGUSON PO 80\ -l-lO Atlanta. GCllrgia .30301-04..J.0 Phone (866) 5 096 hl\. (888) 8:;3-531:': mart, krg:uson-+ a grnail.com November 3, 2011 eNomeCentral Headquarters 5808 Lake Washington Blvd. NE Kirkland, Washington 98033 Re: Patent Pending MER-S. "(Aftercare) DeareNome, I send you copy of my corporate bio as it concerns the Maatian Ethical Recovery System and Maatianhusiness.com. [ftnd that you are parked on my wehpages hoth Maatianbuslness.corn/net. Please he advised that you are violating my Copyright and Patent rights with your claims. [ spoke with two ofyour reps last month hut you still remain parked. Sincerely, Marty Richard Ferguson
IllJI1> gnui I.com November 3,2011 Mike Henderson, President ABC Baltimore Metro Chapter 1220 E. Joppa Road Ste. 322 Towson, Maryland 21286 Re: Certificate of Graduation Dear Friend, I send you ABC and Maryland my warmest greetings as we turn into the winter season. Additionally, I send you my Backflow Prevention Certificate from MPHCC as requisite for copy of my certificate of Graduation from ABC Baltimore Metro Chapter. As your staff may recall [ did not get this course due to auto collision while with ABC in 2003 and if I am correct this qualifies me for certificate as well as National Exam. I am available for your questions as always. Take care. Sincerely, Marty Richard Ferguson 1/3/11 Home aatianbusiness.com 1/1 \'1.\ HTY FEI?(; ("SO:" P.O. Box440
November 3,2011 Mr.Jim Mathes, Vice President andGeneral Counsel Cortera Inc. 1 Pine Hill Drive Quincy, MA02169 Re: PatentPending Dear Counselor, I send wann greetings toyou andyour fineorganization, asI present toyou theattached listingconcerning the Maatian Ethical RecovelY System. Asyou can see your listingisa Heavy Construction Company. Please review mybiolistingattached. I would bemore thanhappy to give you anaccurate bioandthe "Real Deal" onmycompany alter thislisting comes down (AndI finallywritea business plan) understanding that I contacted your officevia phone (10/17/2011) yesterday andtheygave methisaddress. Take care andhave a greatday. Sincerely, Marty Richard Ferguson Sole Proprietor, Maatian Ethical RecovelY System