Losing more frequently than willing could shift the economics away from trolling. Even better would be court sanctions and/or having to pay defendants fees.
Absolutely, and we might be starting to see that - I'm just mad that it's still purely negative for the defenders.
Of course, it's hard because paying the opponent's fees opens up other kinds of abuse. If you get sued by Coca Cola, you can't just judge what lawyer you can afford, you have to realize that even a small decision against you could come with the million dollars in costs they paid to take the thing to court. I don't really know a good answer to "litigation is expensive, and that produces abuse".
Sanctions or frequent invalidation of patents would be great, though. One other thing I would love to see is a change to the choice-of-venue rules - this would be less of a problem if we weren't seeing every case fought in East Texas where summary judgement is impossible to get.
