The "game" is defined under terms that are illogical, we should not expect logical behavior. They aim to patent as broadly as possible push the boundaries, shift regulations in their favor. An ecosystem supportive for rapid distributions of disruptive technology may be lost... and society has to spend massive amounts of resources on patent absurdities, but we are living in times of absurd levels of innovation.
In other words If you have to find something positive of this whole mess, it does put a bit of a damper on our march towards singularity.
It remains unclear if the global economies can be aligned to play by these rules for slowing down technological progress, in which case we could see rise of more R&D centers in nation with more favorable systems for intellectual property management. Right now the investment trade offs have not been crossed. But at some point global innovation may transition to lots of smaller non-aligned free platforms of innovation. We can see this in non-aligned open source projects that are not subject to the more absurd patent games since they are not centers of economic power. We can see traditional of highly isolated vertically R&D centers having to reinvent the wheel on many layers of their infrastructure, or work around broad patents. This all helps slow down innovation.
Corporations will transition into organizations consisting almost entirely of lawyers that negotiate the legal implications of distributing something that is a commodity or otherwise freely available. We can see this as an extreme version of what Google is doing with android or what pharmaceutical and gene therapy research centers have become and where they are going ... i.e more lawyers.
Its not a positive trend for innovation..But does damper relative investment into massive R&D projects with shared infrastructure and multiple layers of shared global IP, that is the basis of hyper innovation.
All this "unhealthy activity" may not be that "unhealthy" as it could help push singularity back a few years. Maybe even enable some legal and cultural framework for a structured roll out of the total transformation of everything that singularity will entail. Unnaturally stretching singularity out over the course of a few years instead of ripping apart global economies all at once. This may help avoid some serious problems, like total economic collapse in the "free" automation of "everything", that could leave billions of people without way to sustain their existence.