One of the nice things about torts is that they are very flexible. Common law judges have a lot of flexibility to look at actual controversies and tweek the rules to get the "right" results. Judges don't have any of this flexibility under the existing patent regime. The Patent Act says that basically anything is patentable, so judges have to follow the intent of Congress. Some important backstops against patentability, e.g. the exclusion of algorithms and laws of nature, are judicially-created, and moving patent law to a tort framework would give courts more leeway to create these sorts of exceptions in response to practical concerns.