The real loser in this scenario is the small disruptive company which wants to break into the big leagues. They don't have the nukes so they don't get to play.
Caveat: And don't infringe on any of the nuclear arsenal the big leagues have. And don't get bogged down in litigation to defend against infringement. Fortunately it's usually much cheaper for the big leagues to license a patent or buy a start-up outright than it is to try to bury them through litigation.