From the article: “If patents are too easy to invalidate, the risk of invalidation – as well as the prospect that every infringement suit will be met with a bur

From the article: “If patents are too easy to invalidate, the risk of invalidation – as well as the prospect that every infringement suit will be met with a burdensome validity challenge – may raise the cost of enforcing a patent to the point where the expected value of the patent cannot justify the outlays entvation (sic),” the government’s brief states. “By allowing a lay jury to second-guess the PTO’s judgment even in close cases,” it continues, “the preponderance standard would diminish the expected value of patents and would reduce future inventors’ incentives to innovate and to disclose their inventions to the public.” This seems like one of the best steps toward ending SW patents. If you can't knock them off the books, effectively make them toothless. Of course the US government is strongly in favor of the status quo.