The first one. Patent law has run amok to the point there really isn't any distinguishable difference between the trolls and the legitimate businesses any more. If you can patent pinch-and-zoom you can patent anything.
Say what you will about patent abuses, a firm that is utilizing their patents is qualitatively different than some shitballs in a two person office in Houston suing for damages of a patent vultured at some tech company's bankruptcy proceedings.
I think an "exercise or surrender" sort of clause would do wonders. Of course, the patent system is brutally complicated and rife with unintended consequences, so tinkering with it is pretty fraught. The world isn't a theorem to be proved, there's no right answer. We all have to learn to deal with ambiguity better.