I'm not sure I can take blanket issue with it, it would make a lot of sense to at least require a company to base their infringement claim on their actual bootstrapped use of the patent methodology i.e. if you cannot demonstrate to a reasonable level that you are using that patent in something that is actively being produced and sold or have done in the past then your claim should be heavily penalized.

I appreciate there are lots of loopholes and things to pick at from my wording, but the spirit of the idea is there.