Comment: as usual, add "In the US" to title (Score 2) 300
It don't think this patent debacle stifles innovation or startups, I think it does so in the US because of a broken patent system and borked legal system. Incubate your startup company somewhere where it can either fail, or grow large enough to stand up to the patent trolls before they ever find themselves in that situation.
If I started a company in the US, an attorney or patent advisor would be person #3 involved. In europe I'd be confident to run a much larger innvoation-heavy a startup with without legal advise. I'm not shitting you: you can run a company for years with dozens of employees and not even have a business card from a lawyer in your office.