Correct me if I'm wrong but it seems like no companies actually checks to see if they are violating a patent before releasing a product. It seems they are just hoping nobody sues- and if they do they go on a buying spree. So patents have become tools for big companies to bash other companies. If you are a small guy trying to get patent protection for your idea, forget it. Big companies have better lawyers and patent law is so unspecific and specialized the better lawyers always win.
Sounds about right from my very limited knowledge.
I think what is happening in the mobile phone world just makes more a mockery of a system that is already a joke.