Why not just make all patents illegal? Then just let companies mitigate the risks of IP infringement through the purchase of insurance. The insurer could offer various policies some that compensate for all losses due to infringment and/or also going after perpetrators, etc. This seems like a more optimal solution to me than the current lot of legislation and trolling, I think it would maximize rate of innovation while also allowing companies to invest and have safeguards against IP theft.