Isn't that more of a problem with the whole legal system, rather than a problem with patent reform?
Having a "loser pays" system in a "fair" system (where the side that has the law on their side actually wins) is fairer than not having that system. Because without "loser pays", the side that wins may be in a worse situation than if they had just given up in the first place (they may win 50k, but spent 100k on lawyers).
Think about the current system from the other side. A small company is sued by a big one over a frivolous patent. The small company may have the law on their side, but if they fight and win they will still be bankrupt.