That’s not how the calculus works actually. Today a corporate bully can safely count on you being a rational actor (and not spend $1mm to win $400k) and push the envelop of competition and appropriation of data and trade secrets with limited recourse. Under a prevailing party construct, the risk of doing so is enormous.

Thus, in instances where they are objectively wrong, they lose big. In instances you are objectively wrong, you lose big. In instances where it is not black and white, where there is merit to both sides of the argument, you settle. All this is achieved with little intervention by the courts.