This sort of stuff makes me feel approximately pure despair. I'm no lawyer, but I would think that the prevalence of patent trolls would be enough of an indicator to a judge to shut this sort of thing down hard.
They've got to work within the law, and the law hasn't caught up yet. I'm sure this sort of thing will be sorted out eventually, but in the meantime a lot of small businesses will still get hurt or destroyed.
And yet when people complain about being stuck working for giant shitty corporations, they get told to just start their own business.