I think it'd be problematic in the grey-area cases (of which there are many). IANAL but I wouldn't mind judges being able to inflict loser-pays in egregious cases like this, though - where a big corporation knows they'll get their way because it's too expensive to fight.
the court is there to resolve disputes. why should it punish people for trying to settle things?
the fundamental problem is the law is not mathematical (if it would be we wouldn't need lawyers) so the outcome also depends on how much resources you put in.
