Abusive Patents

I was thinking about this patent thing... Once again a company is claiming to have a patent on a widely used thing. And some sites have already paid them for this patent... I'm not sure if it exists, but when paying for such a patent there should be a contract between the patent holder and the "infringer" stating that if he patent gets canceled (which will probably happen to this one) the patent holder has to give all the money back... That would make patent seekers more careful with what they are doing/patenting. Unfortunately I don't know if such a claim could be forced by the law. But it would be nice...