If you're a startup and even if you're philosophically opposed to software patents, think about hiring a good IP law firm and filing for your core IP. What these trials and massive licensing deals are showing that patents could make a world of difference to your options as a tech company.
I've been kicking around a business idea related to patent licensing for small companies -- acting as a market maker for companies to offer their patents for license for a fixed price and term. I'm no great fan of the way the IP laws work in the US, but I don't perceive much real noise for change from the people who have the ability to do so, so might as well provide a sane service to minimize the chances of some poor dumb bastard getting sued out of her shorts for unknowingly infringing on some dumb-ass software patent. This decision is mostly just ammo for the pro- side of my brain.