I fail to see how patent litigation stifles innovation, which seems to be a common theme for people who attack the patent system.
Expensive litigation is an expensive drain on the corporations who wage such wars, no doubt, but it underscores the importance of the business reasons for the litigation.
A solid patent can be a significant competitive advantage to a company. It enables one company to protect its market by protecting its invention from copying. A patent is no more a business tool than good customer service, better sales team, efficient manufacturing and distribution, or better product packaging, advertisement, and placement. Each of these business tools is yet another arrow in a CEO’s quiver.