1) Mislabeling products with fake or expired patent numbers can be pretty hostile. I'm sure it happens by mistake in many cases, but I'm also sure it's malicious in others.
2) A few lawyers might make some cash bringing these lawsuits, but it won't last. Companies will quickly fix these problems if they're on the hook for more-than-tiny damages. It's pretty clear that $500 wrist slaps weren't doing any good.
Intellectual property laws create weird instances of deadweight loss. This one's just obvious and visible. Less obvious and visible are excess profits a manufacturer might take in if they manage to scare would-be competitors off with irrelevant patents.
So yeah, I don't really have much problem with the lawyers who are exploiting this.
Only some. Loads of them are so vague as to match nearly anything in their field.
How much time do companies spend putting patent numbers on their products? They can spend just as much time removing them. I say it is a simple cost of doing business.
When the patent numbers are removed, people can start imitating, introducing competition in the market, and even commodifying things. Basically all the things patents prevent. This allows for increased overall market efficiency.
Since the patent system is in place, perhaps instead of feeling sorry for the poor companies being sued for abusing the patent system, maybe you should try to appreciate that some people will do this. Maybe they are scum, maybe not -- do you actually know anyone who does it? Most likely some are just looking for a quick buck. Some are doing it because it needs to be done. Some may be doing it because it is exciting new lawyering. How is this any different in terms of motives than a random sample of tech startups (replace lawyering with tech...).
Related: Do the people who launch suits to get patents invalidated make you sick also? Do you call them "just another form of patent troll"?
Also, if I'm looking to make a competing product, and I see a patent number on a similar product, would it not make sense for me to check if the patent is still in effect? I'm not just going to see a patent number and say to myself, "oh shoot, they already got it, guess that's the end of that."
And from a consumer perspective, do I really care if there is a patent for this product or not?
My compromise would be to say the company would be required to have the patent numbers taken off and perhaps a fine to the USPTO, but why should this lawyer get money?
"The law on false patent markings is similar to whistle-blower laws. Anyone can file a claim on behalf of the government, and plaintiffs must split any fine award evenly with it. "
Blame the system, not the person.
As for patent number stamped on the product itself, I bet if the company took the stamping tool off the machine, or filled in the patent number part of the mold, it would cost a day or two and a few $K. I bet the law (judges, regulatory agencies, etc) would be willing to make exceptions for "if it was manufactured while the patent was valid, there is no need to retroactively remove the number.
Your other points -- general advice is to not look into patents when creating things, seriously google it. Consumers don't care about the patent, but that is a strawman. Consumers do care about shady business practices, which this falls under.
As for why the lawyer should get money? He is willing to look for the violations of the law, he can get rewarded for it. Further, it is probably far more efficient than the amount tax money the USPTO would waste enforcing this poorly.
And ad-hominem attacks are completely unnecessary.