My biggest problem with patent-overload isn't Apple v. Google v. Amazon, and lost innovation, it's Big Company v. Samll Company (particularly the physical engineering kind), with large legal departments versus smaller ones. E.g. "please top infringing on our bs ethernet connector patent"
One solution could be to give patent amnesty to small independent organizations - less than X million in revenue. That would at least have prevented LodSyS from going after small developers. The basis for this is recognition that a small entity would simply implode if they had to defend themselves in a court of law.
The problem is that the big companies would then infringe on the patent deliberately through a bunch of completely owned sub companies created solely for that purpose.