The problem here is that a huge number of talented people almost certainly do work for Yahoo without ever paying attention to the news cycle. Lots of talented people don't have startup ambitions; they bust their ass from 9-5 and come home to their families and their woodworking and charcuterie hobbies. Sure, they probably all have a sense that Yahoo isn't on a great trajectory, but they have no urgent need to leave. Yahoo might even be a better deal for them; pick the wrong startup and you could be hunting for a job again in 6 months.
It isn't reasonable to start penalizing people like that for the actions of Yahoo management; or, at least, if it is, it's not reasonable to do it over patent lawsuits. Patent lawsuits aren't a big enough issue to justify collective punishment.
I'm a little surprised at the tacit support I read out of this comment.
(For what it's worth: I have just as much to fear from patent suits as anyone else; my field is riddled with them).