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bing, I agree with everything you said. In the end it looks like it will come down to the person with the most money. This is true to some extent. Even if they lose, they will appeal and appeal forever. You will never get your money.
But there is also consideration given to the merits of the patent itself. It really really pay to have your application drafted by a good attorney, one who fully comprehends the law and can get you the broadest protection.
There are many many laws your application has to comply with, and an attorney who doesn't fully comprehend technology and/or law will get you a patent that isn't bullet-proof, and is easily litigated in court.
Most of the court cases come down to interpretation of law. There is a lot of grey area and it can go either way. I don't think this is because the law is ambiguous; it's because the interpretation of the law is ambiguous. The biggest problem with our legal system is lawmakers don't fully define the terms they use. It's up to the courts to write the dictionary.
But going back to my original point, you should always always publish your work via a PPA, or just publish it on Zilvia and put a timestamp on it, even if you don't have the means to pursue a full patent. This prevents others from stealing your work and then suing you for it. Put in it that you intend to file an application, and most smart people will back off because they know you will get the patent at some point.
When someone tries to copy your idea and patent it, your work can be used to reject their application. If they have no patent because their application was rejected, they cannot sue you. Even if you win in court, you lose a lot of money and time. It's best to pre-empt them by publishing your work.
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