I feel like there ought to be a sliding scale of cost associated with filing a law suit. If you're a very large company suing a very small company, it should be very expensive to file. Expensive enough to make your lawyers encourage you to think really hard about whether or not this is actually a threat to your business.

Of course, applying that to the real world would obviously fall apart quickly. It's not hard to think through loopholes.

It just seems to easy to crush a small company/group who are just doing something you don't like.