Since I've discussed this topic before, I have to link to this article in the Atlantic by the Judge who recently dismissed an Apple-Motorola case:
theatlantic.com/business/archive/2012/07/why-there-are-too-many-patents-in-america/259725
He gives a very clear description of the problems in the patent system, and then suggests a few ways to fix it, such as eliminating patents in certain industries, eliminating court trial or requiring the patentee to produce the item within a specified time. See also my suggestion here for fixing the system with crowd-sourcing:
zappable.com/2011/08/how-to-fix-the-patent-system
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