Except that it rarely, if ever, happens. It's a waste of money to sue companies who aren't a threat or can't pay you. Look at who gets sued: Google, Apple, HTC, Microsoft. Look at who doesn't: Y Combinator and TechStars companies.
Just wait a few years. As you say, it's a waste of money to sue someone who's not a threat. Once one of those companies becomes a threat to someone with deep pockets (and some of them will), there's a fairly high likelihood that someone will sue them.
