I think nukes are a bad analogy: patents are far more likely to be used because their use is not nearly as destructive. When Apple won a $1 billion judgement against Samsung, it wasn't even remotely damaging to Samsung ($178 billion in revenue in 2013).
Really, it's just the inequalities of large markets. In general, it's a bad idea to start up a company in a field that a $100 billion company is expending a lot of effort in. Because they are established, they have the ability to create barriers to entry for you in a lot of different ways (marketing, supply chain, and yes, patents). If patents are no longer a problem, there are still plenty of ways that Google or Apple can keep you from playing in their backyard.
If you're talking big companies vs big companies, they're just trying everything they can to make their competition spend more money on lawyers, etc. to reduce their margins even further. Apple has huge margins, Samsung does not, so it hurts Apple less to spend $100 million on patent lawyers than it does Samsung.
The patent trolls are a new problem, and one that probably needs a regulatory solution. Technology patents in general are a problem, but solving the patent problem won't instantly change the landscape for smaller companies. They'll still be at a distinct disadvantage in a number of ways to larger companies, and need to pick their battles carefully.
Really, it's just the inequalities of large markets. In general, it's a bad idea to start up a company in a field that a $100 billion company is expending a lot of effort in. Because they are established, they have the ability to create barriers to entry for you in a lot of different ways (marketing, supply chain, and yes, patents). If patents are no longer a problem, there are still plenty of ways that Google or Apple can keep you from playing in their backyard.
If you're talking big companies vs big companies, they're just trying everything they can to make their competition spend more money on lawyers, etc. to reduce their margins even further. Apple has huge margins, Samsung does not, so it hurts Apple less to spend $100 million on patent lawyers than it does Samsung.
The patent trolls are a new problem, and one that probably needs a regulatory solution. Technology patents in general are a problem, but solving the patent problem won't instantly change the landscape for smaller companies. They'll still be at a distinct disadvantage in a number of ways to larger companies, and need to pick their battles carefully.