That's not exactly how Patent litigation works. The biggest reason that congress can't get a Patent Reform bill through right now is the "fee shifting" changes

That's not exactly how Patent litigation works. The biggest reason that congress can't get a Patent Reform bill through right now is the "fee shifting" changes that have been proposed. As it stands now, there is almost no chance that a prevailing party in a Patent troll lawsuit will get back their legal and discovery fees even if they win. That's the key reason why these Patent trolls exist. If the laws are amended to allow the prevailing party to get back their legal expenses, the majority of these frivolous lawsuits will go away and only patents with substance that can stand the test of the courtroom would survive. That's the main reason why there is a lot of negativity against fee shifting - there are a lot of organizations that have legitimate patents that don't want any form of a 'loss of power' even if it means allowing trolls to run the patent system. Go figure.