What a mess ! This has nothing to do with open source if you ask me. This is an industry problem that needs to be sorted out. The European Commision has also started the EU software patenting process which doesn’t help at all.
It is good to have protection for Intellactual property, but it can go too far as you can see.
“Acacia is one of a number of companies that are making a good living by sitting on patents that are actually very general in their application. Individuals can register such patents, with no ability to develop associated product, wait for infringing products to appear, then get a good lawyer and go hunting. Such patents are sometimes referred to as submarine patents.”