The flaw, here, I think, is that's it's still prohibitively expensive. If it takes hundreds of thousands of dollars to invalidate a patent, we're probably talking hundreds of millions of dollars to invalidate all of the patents that could be used for trolling.

That's part of the problem, right? For each patent we hear about being killed, there are ten, twenty, or a hundred more waiting in the wings to take over. And why wouldn't there be, since there appears to be little financial downside for the trolls.

Anyway: Having the community spend millions upon millions upon millions to fix this problem would just be another financial drain on the industry. This is a situation where the government needs to step in and do its job, because there's a busted system and the players involved are simply not capable of fixing it without the government's help.