I honestly wish that patents were only accepted if they could be shown to be entirely unique from previous inventions in at least one way. Either in how they can be used (smartphones) or in a software technique or other related options. Further what would really help the patent wars is to restrict the fees lawyers are permitted to charge and how many lawyers are permitted per plaintiff/defendant in a case, to ensure that all have access to patent protection. No billion dollar firms hiring entire law firms to defend their patents, maximum 3 lawyers, forbidden from discussing the case anywhere in their firm, and with a mandatory requirement that they produce the exact documentation requested (if it exists) and only that documentation, no giant boxes of useless documents designed to make the job of the opponent 100 times harder. In other words, take much of the money out of the case, less lawsuits get filed.