No he's not. The patent move isn't the only reason to frown on Yahoo employees. The company has been moving sideways for quite some time which is when good employees tend to leave for better opportunities.
I'm not a programmer (yet), but I work in a technical field that is currently experiencing a similar level of growth. Having worked for the same employer for over 9 years, it wasn't an easy decision to make when I decided to leave. Now that I am searching for a job in an industry where everyone claims to be facing a desperate shortage of qualified personnel, I find it rather difficult to convince someone to even grant me an interview.
It is far too easy to judge the actions of a family man who has a wife and kids to worry about when you are the CEO of your own company.
Just to take one example I'm familiar with, Flickr still has a lot of top-notch people.