If a woman is raped, and the guy claims it was consensual, do you think a woman should be able to point out that, "if I had any intention of sleeping with him I wouldn't have been wearing those underwear?" Or should that piece of evidence be excluded because clothing is never relevant?

I'm not sure what criteria you're using to judge that the proposal would be worse for a less wealthy litigant. Surely the proposal would be better in cases where one side is clearly right? The cost of patent litigation is currently huge. The only way a non-wealthy litigant can participate is with lawyers on contingency. No?

But I suspect fixing the legal costs is only a part of the patent problem. My understanding is that cases like the OP regularly go to verdict and find for the troll.

I have a comment and a question:

The comment. Summary judgement does not accomplish what I think sheepleherd was proposing. As you say, if you get a summary judgment against you, you go home. That means that a judge has to be convinced that there is definitely no case in order to issue one. What's needed, rather, is a speedy determination of who seems to be in the right. It should not be final but should determine who pays going forward.

The question. What do you see as the problem in cases like this? Or do you see a problem?

This was such a dumb sentence in an otherwise interesting post.

This makes it sound as though Russel showed the system to be incomplete, and the reference to Godel's theorem in the next paragraph reinforces the confusion. Russel instead showed the system to be inconsistent, which is much worse.