How a rogue appeals court wrecked the patent system
It seems pretty clear that something was broken with the old system, before the creation of the CAFC. Plaintiffs were only winning 20-40% of the time.Considering that1. the plaintiff is starting with a rebuttal presumption of patent validity,2. it is the plaintiff who makes the decision whether or not to sue, which should weed out a lot of weak cases, and3. this was before software patents, back when examiners actually had a deep understanding of the art in the fields whose patents they examined, so there was not a flood of bad patents being issues,I'd expect in a fair system for plaintiffs to win the majority of cases.