The problem with "fixing" the problem is that his company now has a huge stake in the system not changing, or at least in not loosening restrictions. Now that the company has extracted so much money from other companies, it can very effectively lobby Congress to ensure that the patent system doesn't undermine his business model.
It's now self-perpetuating. Look at some of Lessig's videos on Change Congress; he's talked about how Congress, while restructuring and changing regulation on the telecom industry in the 90s, was careful to ensure that what was left over would be able to contribute to re-election campaigns.
It's now self-perpetuating. Look at some of Lessig's videos on Change Congress; he's talked about how Congress, while restructuring and changing regulation on the telecom industry in the 90s, was careful to ensure that what was left over would be able to contribute to re-election campaigns.