Patents, regardless of whether they have been tested in court, represent a risk for small to medium businesses when they are making day to day decisions about how to proceed. They don't have lawyers on staff 24/7. A lot can't afford lawyers at all. They need to proceed with their ideas but with so many patents they usually opt to drive ahead blindly and hope for the best or they choose to cope with the patents they know about as best they can (i.e. handcuffed).