The only difference between Lodsys and large software/hardware companies like Microsoft and Oracle is the size of their litigation targets. I'm beyond convinced that the entire software patent systems needs to be abolished.
I wonder what would happen if government became a result oriented organization. If the point of patents is to increase innovation, shouldn't you be able to measure innovation? And if you can't measure the impact of patents on innovation, what evidence is their to justify monopolizing ideas ? If you can't measure and observe, then what's the evidence? I would say there is none, it's entirely subjective. Unconditional…
So, I bet they actually do measure. Just not the way any sane person would expect. But this is what always happens if a happens if you try to run something, that is hard or impossible to measure, "economically". You revert to one of the things you can trivially count and claim that more (or less) is better. If you are one of the smart ones you dabble with relative and not absolute numbers. This is especially true for political or public institutions without any goal above "accounting of men and things" because it just doesn't matter any more to them.