indeed. there's a way of thinking about ip law out there which just doesn't match reality.
the reality is that large companies like ibm have gigantic ip archives. and if you sue them, they are going to countersue ten times over.
the punishment isn't the court's verdict. it's the waste of time and treasure dealing with the suit. you might as well give up the business and just hope that in a decade you get a verdict.
and really, does anyone think incumbents will work with a litigious entrepreneur?