"Patent holders can pick and choose who, when and where they will be suing for infringement."

But if you're the only company implementing the infringing technology, the risk is entirely yours. If lots of companies implement it, it's more of a game of Russian roulette; maybe they pick you, maybe not.

And historically, patent trolls don't seem to be quite so picky, and they're the ones to worry about. The Lucent suit demonstrates why it's so rare for bigger players to sue each other -- you end up with $BIGNUM suits and countersuits seeking damages which exceed the GDP of Switzerland, and that's not good for anyone involved.