"The bill would allow patent defendants to file a motion seeking to have a judge rule that the patent owner is a certain type of "non-practicing entity"—although the bill doesn't use that term. If the motion is successful, the lawsuit can still proceed, but if the patent-holding company loses, it will be on the hook for legal costs."

a) I doubt your example of Robert Keans, who is actually an inventor and not a patent troll would be found to be the latter by most judges.

b) If the motion is successful, you can still pull out and save the costs. You did lose, but you didn't go broke trying.

So It's probably not quite as dramatic for the little guy, as you suggest.