I agree that the loser pays approach isn't appropriate across the board in all litigation. I do however think that in patent and copyright cases if a judge/jury determines the allegations to be frivolous you should be awarded extra damages from the patent troll. I think the spirit of the SHIELD Act is to deter trolls from abusing the legal system. Anything we can do to limit frivolous litigation is a positive step.
If the allegations really are frivolous, then the lawyer or the client bringing the claims can be sanctioned. The problem here is that the legal right is so amorphous that it's impossible to really determine when a claim is frivolous.
You're going to have a hard time finding a lawyer to bring a claim that someone breached a contract with you if you don't have any evidence there was ever a contract. The "professional death penalty" of disbarment is too scary to do shit like that. But with patents, you can credibly, at least under the law, claim all sorts of things in good faith.
