Interesting strategy from one Paul Graham:
The Patent Pledge
No first use of software patents against companies with less than 25 people.
It may be possible to fix a subset of the patent problem without waiting for the government. If companies voluntarily renounce certain uses of patents, we can make patent law a moot point in such cases. [Learn More.]
These companies have agreed to be the first to publicly renounce aggressive use of software patents on small companies. Please join them!