Surely all you need
Is documentary proof that the patent owner is actively taking steps to implement the designs outlined which could reasonably easily be established, you'd think.
If not then until such time as they can show they ARE implementing their own IP then they don't get to defend it.
Real patent holders (note, not 'real patents' as in proper non-obvious and manly inventorising, snigger) like Apple, Google, IBM, Samsung, General Motors, etc are obviously using their portfolio but the Trolls are another matter and only exist to bend over 'legitimate' businesses for their lunch money. The law currently allows it, yes, but that doesn't mean that it should.