"Successful technology companies sell what they invent/patent, so far we have been only able to sue for infringement after the alleged thievery has taken place."
I don't feel the company owns anything YET to sell, with that, I, or you.. do not own anything YET.
I would also contend, that "Successful technology companies" will have the same problem, unless they are connected, in some manner, to the company they are selling to.
Without a doubt...Validity is a huge issue....all companies making a civil challenge, for whatever objective, will have to climb this wall...especially if the technology is potentially pervasive to an industry.
I know what I own....NOTHING YET.
Where I hate to say it...however, potentially huge.
doni