Time to copy the UK...
The US needs a loser pays system.
This raises the risk of taking a lawsuit forward in court.
The other thing is that there has to be an easier way to challenge software patents and business process patents.
In fact, these shouldn't be patentable in the first place. By fixing this error, the number of patent related lawsuits will drop.
Then when you see something like Marvel's loss, you realize that CMU was correct in asserting their rights over a hardware patent.