Agreed. Penalties should be in the same form as the motivation: money, and lots of it. Sufficient to make people think twice about asserting a bogus patent again; the amount they claim in damages would be a good starting point. Lose a suit claiming $100m in damages, pay that amount to the winner.
Yes, that's arbitrary, but less so than East Texas patent awards.
Yes, that's arbitrary, but less so than East Texas patent awards.