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SUBJECT: Status Update on the Misappropriation of Projectioneering LLC Intellectual Property by the U.S. Government, Industry and Research Institutions
DATE: July 7, 2015
The purpose of this information memorandum is to keep U.S. industry apprised of current developments involving the misappropriation of Projectioneering LLC owned intellectual property by the Food and Drug Administration (FDA).
Over the period of at least 2007 to the current time the Food and Drug Administration (FDA) and their support contractors have engaged in a purposeful scheme to misappropriate and diffuse valuable intellectual property stolen from a small company called FoodQuestTQ LLC that lawfully licensed intellectual property belonging to Projectioneering LLC. The intellectual property stolen by the FDA is more fully described at: http://www.google.com/patents/US20110173146 and in the eighteen (18) prior cautionary notices sent to research institutions including universities, trade and industry associations and 754 individual food industry companies. The misappropriated intellectual property involves a number of computer software tools that were duplicated by the U.S. Government and subsequently published by the FDA for free use by the regulated food industry. The duplicated tools use Projectioneering LLC patented applications of projective computer analytics and trade secrets to better comprehend and create actionable intelligence from large data sets of information, i.e., big data.
PROJECTIONEERING ACTIONS UNDER THE UNIFORM COMMERCIAL CODE
The Uniform Commercial Code (UCC) is a set of laws that provide legal rules and regulations governing commercial or business dealings and transactions. The UCC regulates the transfer or sale of incorporeal personal property including intellectual property. The UCC is guided by common law principle of stare decisis, i.e., tradition arising from individual case law, rather than the abstract interpretation of statutes and other government legislation. In cases of first impression, judges can make rulings on the basis of fairness and equity under common law.
THE FOOD AND DRUG ADMINISTRATION ADMITS THAT IT MISAPPORPRIATED PROJECTIONEERING LLC’S INTELLECTUAL PROPERTY
On April 19, 2015, Projectioneering LLC served the Acting Commissioner of the Food and Drug Administration (FDA), Dr. Stephen Ostroff, with a constructive notice (CN) pursuant to the UCC allowing him forty-five days to rebut a series of facts relating to the FDA theft of Projectioneering LLC owned intellectual property. Dr. Ostroff on behalf of the FDA and the U.S. Government chose not to rebut the facts thereby accepting them as conclusive and dispositive facts under the laws of the United States. This public admission of guilt by the FDA will seriously impact those companies that failed to heed the numerous Projectioneering LLC public notices not to use the misappropriated Projectioneering LLC owned intellectual property. Readers of this notice are strongly encouraged to visit http://jgpis.org for more information on Projectioneering LLC owned intellectual property and other outstanding CN’s that have already been served to members of industry, their trade associations and research institutions.
INDUSTRY CONFERENCE ON THE USE OF PREDICTIVE ANALYTICS FOR FOOD RISK MANAGMENT
On July 27, 2015, the International Association for Food Protection (IAFP) will host a conference that will include the use of predictive analytics for the management of food risk [https://iafp.confex.com/iafp/2015/webprogram/Session2654.html]. The following food companies and research institutions are scheduled to provide presentations on predictive analytics for food risk management: Georgia Tech, Birling Avian Laboratories, Cargill, the Department of Homeland Security, Archer-Daniels-Midland and Battelle Memorial Institute.
CAUTION TO ALL PARTIES
IAFP, their member companies, and all invited presenters on the topic of computer analytics for food risk management are specifically cautioned against any possible infringement of Projectioneering LLC patents for predictive analytics and any mention of associated trade secrets that have been misappropriated by the Food and Drug Administration. Cargill, the Grocery Manufacturers Association and Battelle Memorial Institute have already been informed about prior presentations and materials that contain Projectioneering LLC owned intellectual property. Additional information on Projectioneering owned intellectual property can be found at http://jgpis.org.
Please be advised that any use of Projectioneering LLC owned patented property or the further dissemination of the trade secrets stolen by the FDA, without the express written permission of Projectioneering LLC will be considered as the unauthorized use of Projectioneering LLC owned intellectual property pursuant to Title 35, USC, Chapter 29, et seq.
RECOMMENDATION TO AVOID FUTURE LIABILITY
To avoid future liability in this matter all parties must refrain from using the Projectioneering LLC owned intellectual property in contention. Any party that is found to knowingly use the duplicated FDA products and Projectioneering LLC misappropriated trade secrets will held liable for infringement and the theft of trade secrets under Title 35, USC, Chapter 29, et seq. and Title 18, USC §§ 1832-1839, respectively. You can legally license, without fear of future liability, products that provide the same capabilities as the FDA imitations by contacting Mr. Bruce H. Becker at FoodQuestTQ LLC at 540-645-1050.
John H. Hnatio,
President, Projectioneering LLC
Date: July 7, 2015
cc: David Tharp, IAFP
Alan Erera, Georgia Tech
Anthony Pavic, Birling
Joseph Scimeca, Cargill
Jessica Cox, DHS
Clint Farrow, ADM
Ashley Kubatko, BMI
Pamela Bailey, GMA