Nobody's actually trying or colluding to stifle innovation, they're just trying to abuse patent law to make money, with gross disregard for the purposes of patent law or the broader consequences of their actions. Perverse incentives can produce much of the same harms as a broad conspiracy, without the impracticality and implausibility of collusion.

The Eastern District of Texas and the Federal Circuit have both undergone regulatory capture, which can be incredibly damaging to the public interest even when the regulators' intentions are quite innocent.