Oh, I completely agree that in theory there are solutions to this problem. In practice, it's going to be difficult to get a group of companies to rip off their steering wheels when the game of chicken starts.
Perhaps a group of lawyers and actuaries should get some money together and create an anti-patent-troll company, viz., a company that sells patent troll insurance. They get a whole bunch of companies as clients, and contractually obligate them to litigate (via the insurance company) trollish patent suits. Centralize and incentivize.
Perhaps a group of lawyers and actuaries should get some money together and create an anti-patent-troll company, viz., a company that sells patent troll insurance. They get a whole bunch of companies as clients, and contractually obligate them to litigate (via the insurance company) trollish patent suits. Centralize and incentivize.