This seems like it isn't a totally perfect solution either, though. I would expect that smaller companies or startups would be more hesitant to try to file a legitimate claim now, especially against someone like Apple or Google, because if they end up losing (because sometimes the other guys just have a bigger and better legal team) then it may financially ruin the small company.
If this legal mechanism further discourages small players from playing a game they already can't win, that's a benefit.
Even without this mechanism, I really doubt a small entity could sue A or G on any IP matter and actually come out ahead in a financial sense. Our IP protections were not constructed with the interests of individuals and small firms in mind.
(edit: and of course dangoldin is correct about the NPE thing, d'oh!)
