A common element of patent challenges these days through inter partes review (IPR) is the claim that a patent shouldn't have been granted in the first place because of obviousness due to prior art. This is a claim that Apple attempted to use in responding to allegations that it had infringed on a patent held by PersonalWeb Technologies, LLC. Apple's argument succeeded in IPR before the Patent Trial and Appeal Board (PTAB). However, PersonalWeb won on appeal.
Nondisclosure agreements (NDAs) are part and parcel of effective intellectual property management. What elements an NDA should include depends on your intent. To be sure you meet your specific needs, you should consult an experienced IP attorney.
Few would argue the U.S. legal system is perfect. It is what we have and it is up to us to manage it in ways that achieve optimal justice. In recent years, the concept of arbitration has taken root. The idea being that by removing disputes from courts, resolution becomes more efficient and less costly.