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Eastern District of Texas Project
In an August 13, 1813 letter to Isaac McPherson, Thomas Jefferson wrote:
“That ideas should freely spread from one to another over the globe, for the moral and mutual instruction of man, and improvement of his condition, seems to have been peculiarly and benevolently designed by nature, when she made them, like fire, expansible over all space, without lessening their density in any point, and like the air in which we breathe, move, and have our physical being, incapable of confinement or exclusive appropriation. Inventions then cannot, in nature, be a subject of property. Society may give an exclusive right to the profits arising from them, as an encouragement to men to pursue ideas which may produce utility, but this may or may not be done, according to the will and convenience of the society, without claim or complaint from anybody. Accordingly, it is a fact, as far as I am informed, that England was, until we copied her, the only country on earth which ever, by a general law, gave a legal right to the exclusive use of an idea. In some other countries it is sometimes done, in a great case, and by a special and personal act, but, generally speaking, other nations have thought that these monopolies produce more embarrassment than advantage to society; and it may be observed that the nations which refuse monopolies of invention, are as fruitful as England in new and useful devices.
Considering the exclusive right to invention as given not of natural right, but for the benefit of society, I know well the difficulty of drawing a line between the things which are worth to the public the embarrassment of an exclusive patent, and those which are not. As a member of the patent board for several years, while the law authorized a board to grant or refuse patents, I saw with what slow progress a system of general rules could be matured.”
Jefferson’s considered reflection couldn’t have imagined the playing field of patents today. Driven by the impulse to harvest a tariff from industry for the misapplication of patent law – perpetrated by the United States Patent Office’s failure to fully examine patents prior to granting them – dubious patent infringement claims are costing society hundreds of millions of dollars. Few places harbor the abuse of the patent system by passive patent holders like the Court in the Eastern District of Texas. So, few places are better suited for the beginning of a public reclamation of Peoples’ interest.
This form of Patently Obvious Report focuses on frivolous lawsuits around the country, most specifically in the Eastern District of Texas. The lawsuits mentioned in our report, perpetuate a parasitic business model. Using our underwriting system we do the proper diligence to identify the unconsidered prior art with respect to patents asserted in the specific cases.