It's the huge tech companies which have amassed and keeps on amassing broad software patents which is the real problem.
The only reason we are actually seeing some legal action being taken against 'patent trolls' (i.e non-practicing entities) is because they are a nuisance to said huge tech companies.
Meanwhile these tech giants will use software patents to stifle / destroy competition instead of competing in the open market, you don't need to look any further than Microsoft and Apple's patent suit against Google which they are doing through third-party patents they bought specifically for that purpose, to stifle a competitor with which they can't compete on the open market through the value of their products.
Now Google is a massive company themselves and has the funds to atleast mount a proper defence (not that it will matter in the first instance as Microsoft and Apple chose East Texas as it's venue), but if you are a startup you have zero chance against these tech giants when they come knocking.
They can afford to drag this through court for ages, you most likely can't, and even if you could and if you won, they could most likely simply choose another patent from their arsenal and go after you again.