[citation][nom]guardianangel42[/nom]Quite a lot of patents are granted which are used today by direct competitors without a single cent being payed in royalty.[/citation]
New patent law says that if a patent is granted (to someone else) that covers something you're already doing, you are unaffected by it, for the products in which you're using it. But that still means any new products that use these types of obvious patents can be sued by patent trolls or by companies engaging in anti-competitive practices.
And patent law doesn't force me to pay someone for infringing their patent. It just gives them the right to sue me. It's a civil, not criminal thing. Therefore, you get to make the call as to whether you want to risk being sued or try to pay up front.
Now, to illustrate the absurdity of the situation, if a software company actually tried to negotiate licensing deals with every patent they're infringing, not only would it take them decades to do it, but the product would probably cost millions or billions of dollars.
That's why patent trolls are such a problem. Because there are so many bad patents out there, that these guys can always find SOMETHING you might be infringing (and they don't even have to tell you which one(s), before taking you to court).