[rudyfink]

I think it's worth noting that as a nation we have chosen to be "biased" in favor of patents. A patent is presumptively valid. To find a patent invalid a jury's standard is "clear and convincing evidence." By contrast the standard for infringement is "a preponderance of the evidence."

[Symmetry]

Its worth noting that those standards evolved when patents were subject to much more intense review by the patent office, and it was (procedurally) easier for the patent office to just reject an application.

One of the easiest potential fixes to the US patent system would just remove the no longer warranted presumption of validity from patents.