Olddog, I understand the premise that these "trolls" somehow undermine innovation and the evidence may suggest some negative impact.
But I also contend that many companies are complicit in that they refuse to pay for patents that they're using leading the small inventor to sell their inventions (patents if you will) to a larger company (better to get something for your work than to lose it all while fighting through an ineffective court system). One possible place to sell your invention just might be a company that is willing to risk a few dollars now in hopes that they'll be able to monetize the patent later through litigation if that should become necessary. I believe that these "trolls" are more a symptom of a broken system than they are a cause.
Wherein lies the justice here? Isn't the company that refuses to pay for use of a patent part of the problem?
Just trying to muddy the waters a bit further.
As for fear of litigation, I don't see this problem going away anytime soon. I would accept a court trying to determine if a lawsuit is frivolous, but I do not believe we can simply define who is a who is not a patent troll through some of the standards that the government is currently trying to establish.
IMO
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