Promoting by Securing (Score 1)

"To promote the progress of science and useful arts..." the exclusive right is granted in exchange for my disclosing my invention to the public. Article 1, Section 8 does not say that the secured right itself has to do any promoting; the secured right is the incentive to the inventor to disclose the invention--that's the promotion. The process by which the right is secured (disclosing your invention to the USPTO for publication if granted) thus promotes progress: Promoting by securing.

The lawsuit is a by-product of having to protect the secured right once granted. The lawsuit itself is not intended to promote directly, other than to give the secured right real substance so that it will be an attractive incentive.

It can't be disputed that some patents may have been granted when they shouldn't have under 102(c) or 102(f) (or other sections of 102 or 103), although the situations where only 102(c) or 102(f) apply are pretty rare. But mistakes do happen.