We might be seeing a gradual end to the oil well/rights to patent analogy. Except a patent troll doesn't work like that. Those work like this (keeping the oil idea):
You acquire the rights and land to build a oil well. You dig one, and everything's great. It's all legit. Then someone comes along and says that because your dump truck looks an awful lot like his (which was stolen), all your oil belongs to him.
You acquire the rights and land to build a oil well. You dig one, and everything's great. It's all legit. Then someone comes along and says that because your dump truck looks an awful lot like his (which was stolen), all your oil belongs to him.