My own view is that what Posner has done so far to narrow the terms of debate, raise the cost of litigation, and demand clarity from litigants is drawing attention across the patent bar. This is without doubt a good thing.
Gradually, under Posner's leadership, the patent gold rush could now play out, with only the shiniest nuggets being judged valid and all parties being told that negotiating is a better way to handle commercial disputes than the warfare of trial. It won't end the patent debate, but it should encourage the biggest tech players to see that they'll make more profit doing business than fighting one another in court.
It may prove Posner's greatest contribution to the law yet.
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