Haven spoken with a few friends of mine who are in the position to know better I guess I can answer part of my own question. Apparently if a law exists that is

Haven spoken with a few friends of mine who are in the position to know better I guess I can answer part of my own question. Apparently if a law exists that is obviously broken it's usually because there are vested interests interested in keeping things that way. Since virtually every large tech company from Samsung to Facebook and now Cloudflare has had to fight patent trolls, the reason the system remains broken is probably that these companies themselves benefit from the current brokenness of the system and the benefits they get far outweigh the costs of fending off the occasional troll. It won't surprise me if these companies themselves sit on large portfolios of overly broad patents they never intend to use except to fend off competition or initiate their own patent litigation. OP sort of hints at this in another post on this thread.