The only thing keeping the trolls slightly at bay (such as it is) is that they are forced to do their own prosecution. I think its only a matter of time until the IP lobby wises up and start agitating to pass laws that make patent violations a criminal matter such as they have done with other forms of intellectual property, i.e. trademarks, etc.

Over the years, many of the checks and balances have been eroded and much of modern IP law is a one-sided scam that doesn't work in favour of the market, competition or society as a whole.