The problem surrounding the current patent regime is not that those being sued are blameless, it's that patents do not encourage innovation anymore. As you stat

The problem surrounding the current patent regime is not that those being sued are blameless, it's that patents do not encourage innovation anymore. As you stated, companies that actually bring products to market are not ideally suited to launch patent lawsuits. Only non-practicing entities (i.e. patent "trolls") can sue with great abandon because they don't sell anything that they could be counter-sued for.