[yoz-y]

This is something I have yet to understand. From all I read about the patent situation in America it looks like they are totally worthless unless you are a multi million company. Is there actually no way of pursuing a giant if they infringe on your IP?

[TimTheTinker]

For the most part, yes, unless you're a non-practicing entity (patent troll).

Large companies carry massive war chests of patents, such that anyone who makes software is most likely violating several of them without knowing it. They defend themselves from patent lawsuits with countersuits from their war chests. (Trolls are immune, though, because they don't make software and therefore aren't infringing in the first place.)

[hardwaresofton]

The patent situation is broken in a ton of ways. Just think about the concept for a few minutes and you'll imagine many of the points.

As for the problem you're focusing on, the particular problem is that to actually your patent defensively (the original purpose), you must litigate. To litigate, you must have lawyers, and quite a bit of money. If the other side is capable of buying better lawyers, or lawyers for a longer time, you lose.

[chrisco255]

I think most in the software community abhor patents for software, so it's probably a good thing that this "mutually assured destruction" environment exists.