At the root of the problem is the fact that the US Patent and Trademark Office (USPTO) --both in personnel and intellectual capacity--to comprehensively review the sheer volume of patents filed each year. The patent office relies on the filing party to have done sufficient due diligence regarding prior art and existing patents, and essentially rubber stamps patents and places the burden on the US legal system to sort it out after the fact.

Ultimately, it seems like a misappropriation of an overburdened legal system for tech companies to utilize it as a forum for operational business strategy, or for the USPTO to exploit it to delegate its responsibility for patent oversight.

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