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The best solution to abusive litigation is to fight it. The win/loss record of trolls has declinedprecipitously in recent times. Defeating trolls in court is far more effective in the long runthan trying to legislate them out of existence.VII. Conclusion.Addressing the challenges to businesses caused by an increase in patent litigation broughtby NPEs is clearly, as this paper shows, not an easy task. At its core the problem has quitea bit to do with the issuance of questionable, weak patents. There is no question that badpatents engender more lawsuits. Limiting the scope of patentable subject matter andproviding the patent office the resources it needs to better do its job is crucial. Forexample, perhaps Congress should focus on closing the Pandora’s Box opened by the U.S.Federal Circuit Court of Appeals when it broadened the scope of patent protection byrecognizing the patentability of business methods and software. The U.S. Supreme Courthas effectively adopted this view by declining to rule, when given the opportunity, thatbusiness method patents are categorically un-patentable 34 . Ironically, the Supreme Courtin recent years has tried to fix the patent system through a series of decisions limiting thescope of patentable subject matter 35 and lowering the standard to prove invalidity byshowing that an invention is “obvious” in light of prior inventions and known science andtechnology. 3634 See e.g., In Re Bilski, 561 U.S. 593, 130 S. Ct. 3218, 177 L, Ed, 792 (2010)35 Alice Corp. Pty. v. CLS Bank Int'l, 134 S. Ct. 2347, 2349, 189 L. Ed. 2d 296 (2014).36 KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 398, 127 S. Ct. 1727, 1728, 167 L. Ed. 2d 705 (2007).10951932.2 20