I mostly agree with you. I was just pointing out that there was some bias in the way that Lemley characterized the situation, and that it's not very useful to s

I mostly agree with you. I was just pointing out that there was some bias in the way that Lemley characterized the situation, and that it's not very useful to say "40% win rate" without citing the average nationwide. In fact, it's fairly deceptive, since in the absence of anything else to go on, people may tend to assume that the base rate should be 50/50 (that would be maximum entropy, after all), and might think that 40% is low. In fact, it's quite high; but it I would agree that it doesn't seem so high as to be completely out of whack (except insofar as a 30% win rate on patents nationwide is probably pretty out of whack).