That's really splitting hairs. The man said "innovation continues at an absolutely breakneck pace. In a system like ours in which innovation is happening faster than people can keep up, it cannot be said that the patent system is broken".

In other words, he says that innovation is occuring at a rapid rate, therefore the patent system isn't broken. Sure, that's not him arguing via correlation, but nonetheless that's a logical fallacy. And that's intellectually dishonest.