Escalating fees still seems like a great way to limit the damage to small investors while turning the screws on NPEs, though. If the owners of capital can form this monopsony hurting small investors in the escalating fees case wouldn't they be able to do the same in the constant fee case? Is the proposition that they would be able to keep the monopsony together better with a bigger incentive (avoiding potentially high patent fees once they escalate)?
It seems to me that yes it doesn't do much to reduce the use of patents by Big Tech that they are actually commercializing. It would be nice to solve all the problems but it seems like it solves some of the problems that almost everyone but NPEs can agree on in a neat way without too much collateral damage.