Part of this is due to the fact the courts like CAFC are appeals courts.
By the time CAFC sees a patent, a lot of experts have already looked at it and said it is good. These include:
1. The patent attorney or agent who advised the inventor during the application process.
2. One or more examiners at the patent office.
3. When the patent owner was considering his lawsuit, he would have hired patent attorneys, non-attorney patent experts, and subject matter experts to evaluate the patent and the alleged infringing product, in order to determine if it was worth going through with a lawsuit.
It would be surprising if patents that get through this gauntlet did not tend to be approved by the CAFC.
By the time CAFC sees a patent, a lot of experts have already looked at it and said it is good. These include:
1. The patent attorney or agent who advised the inventor during the application process.
2. One or more examiners at the patent office.
3. When the patent owner was considering his lawsuit, he would have hired patent attorneys, non-attorney patent experts, and subject matter experts to evaluate the patent and the alleged infringing product, in order to determine if it was worth going through with a lawsuit.
It would be surprising if patents that get through this gauntlet did not tend to be approved by the CAFC.