On the other hand, if you can afford all the best lawyers you can go a long way in fighting off software patents (PJ/Groklaw) as Google has shown in the Oracle vs Google case. Its certainly in place to thank Google again for actually dealing with the patents rather than cementing the stupidity with counter claims.
To help innovation slightly, the US Supreme Court has continued to enforce barriers against abstract and long reaching patents. PJ at Groklaw does an excellent job on reporting about the Mayo vs Prometheus ruling. In Europe the patent establishment is still trying to avoid any such reform by creating specialized courts outside the reach of the Union and the European Court of Justice. But the EU - "Unified Patent"- project seems fragile and has growing opposition. Last from the current EU-presidency, Poland.