Well presumably if there is a significant penalty for making a false patent assertion, then placing the assertion in the hands of a very small company would sim

Well presumably if there is a significant penalty for making a false patent assertion, then placing the assertion in the hands of a very small company would simply bankrupt that company in the case of the penalty coming due, and the real owner wouldn't be liable. So essentially the scam removes liability from the (dubious) patent owner - it removes the downside to (allegedly) abusing the law, and subverts the intent of the legislation.