[stinkytaco]

Just going to brainstorm some ideas, without really being attached to them:

1. The English system doesn't necessarily protect a litigant. A well funded patent troll or a poorly funded but well meaning patent violator is now potentially on the hook for both damages and attorney fees. This is especially problematic when the law favors the accuser (as it seems to do in the American patent system).

2. It's a system that favors the "big guy", the party that has retainers for research, potential suit identification and preparation, not someone who might be accused. This forces smaller parties to invest at least some of their resources in "CYA" rather than doing what they are built to do (make products, for example).

3. It could affect supply of attorneys available to take a case or their fees. Say you feel there's a good chance of beating a wealthy litigant, so you charge more and misjudge? Or you don't feel you could be paid by the opposing party? Grant it, this likely cuts both ways. In the case of patent trolls, it might be beneficial, but perhaps not in others?