That will be solved in part if patents get assigned a value (on which 'damages' etc. are based) that are proportional to the work that went in. For a software product that contains thousands of good ideas, the value of each of those will be only a fraction of the value of the total product.

Then, of, course, the idea of blocking sales of a product because of infringement should also be completely abolished -- some money should be the most you can get.