You assume that the people in the position to make decisions are competent.
Not at all; there's a large volume of patent litigation, and it's reasonable to assume that at least some of the decision makers are competent to evaluate such elementary arguments. Your argument requires universal incompetence by litigators and/or decision-makers.
Incompetent and or comprimised. Yes.
Seeing as we're talking about lawyers and politicians here, I don't think this is all to stunning.