The term Trolling is overly broad and implies that if you're a non-practicing entity (NPE) with a portfolio of patents that makes you a troll. With the advent of software patents this has brought more focus onto NPEs but they've been around for a very long time. The problem is that a lot of these patents are very, very vague or as has previously been pointed out, crafted by skilled lawyers to make something appear as "innovative" when it really is obvious. There in lies the crux of the matter, we have lawyers who's job it is to craft patent documents including description and details about the invention, lawyers who specialize in patent litigation and former lawyers who sit in judgement over the entire mess. It's a self perpetuating system that does everything it can to protect the intellectual property rights of a patent holder. So, once you get a patent there are two ways to have it invalidated. 1) present evidence of prior art to the USPTO. 2) Go to court either as a plaintiff or defendant and have the legal process weed through it. All of this takes money and usually a Patent holder or NPE will have enough resources to make any fight costly. Changing the laws to make NPEs bear the costs of litigation is a start but that also means that those Patent Holders with deep, very deep pockets will take the risk and to some extent it cheapens the value of all Patents because then only very well off holders will be inclined to exercise their legal rights.
If you want to fix the Patent system:
1) Make the burden of getting a software patent stricter. Instead of vague things get rid of the weasel words and challenge if indeed the "innovation" really isn't an algorithm.
2) Get more people in the USPTO and get some reforms implemented. http://scienceprogress.org/200...
3) Fix the cost of legal fees in handling Patent cases. Many states have fixed costs associated with Estate Issues, it's time that the lawyers be put on a scale commensurate with the size of the case. If you take away the incentive for lawyers to rack up huge legal bills in the Patent game then you won't see as many frivolous cases.
4) Get rid of the right to trial by Jury and streamline the legal process. There's no reason that a Jury has to hear a patent case. Let the judge hear it and streamline the proceedings for no longer than two weeks of trial. Either the Patent is innovative and isn't subject to Prior art or it's not and it should be invalidated by the court. Done.
5) Respect the Inventors. Most of these patents are owned by large companies who didn't actually invent them but some employee did. Those people have no rights usually and invented something as part of their job. We need to get rid of the company owns all mentality when it comes to this technology and Inventors should have deeded rights to their Intellectual Property, say 10% shared among all inventors on a Patent. If there's licensing or royalties paid 10% goes to the Inventors. Likewise if a NPE sues and wins in court, 10% of the judgement goes to the Inventors.