"while patents are crippling for the industry then are actually beneficent for individual companies."
I'm not convinced that this is true overall. If you weight the benefits vs. the drawbacks with respect to the patent system for each company, where the result is > 0 if there are more benefits than drawbacks and < 0 if more drawbacks, and then you average this value out for each company, will you get a positive or a negative value? I suspect the odds are good that it will be negative, or positive but so close to 0 as to not make much difference.
If that's so and if you then add the obvious negative consequences to FOSS developers and users, I think you could have a strong argument that software patents, like legalized slavery, are detrimental to society and should be abolished. (Yes, the degree is less than that of slavery, but the harm may still be demonstrable.)