Here is my suggestion to fix this ludicrous aspect of the American way.
1. You must file your lawsuit within 1 year of discovering that the patent may be infringed. The one year is deemed to start as soon as it is deemed that a person in that knowledge field would have a reasonable chance of discovering the infringement. Beyond the 1 year the litigants have to prove the infringement and pay all costs. If they lose they have to pay the other parties the same amount they were claiming.
2. If it is a technology that government endorses for national security, then they must sue the government on behalf of the people and can not sue businesses or private individuals. Rules for 1 may still apply.