[therein]

Couldn't some innovative insurance company create a policy that adds a clause like "policy kicks in if the litigant fits the criteria of a patent troll (as described above, lacking any assets besides the patent or a few patents that don't pass initial muster as legitimate, or has fewer than two physical locations with at least 4 non executive employees). Even saying something like "if the litigant has no health insurance for their employees" would actually easily preclude patent trolls as you'd have to be an actual decently sized company to be able to negotiate real health insurance for your employees.

[brandall10]

The only issue is misalignment of incentives.

A patent troll will take a look at such a policy and do the bare minimum to give off the appearance of a ‘real’ company.

And then the insurance company will simply go “yep, that tracks”, with little incentive to investigate as it’s not in their best interest.