That doesn't seem like a very useful distinction. Suppose new patent troll legislation comes along that would prevent enforcing a patent that isn't actively being used or developed (similar to trademarks). The trolls would just produce a cheap gizmo that depends on the patent in some way, and then blame the lack of sales on patent infringement. They'd colloquially still be called "trolls" based on a subjective judgment that they aren't really serious about selling the gizmo.
When someone calls Apple et al. a patent troll, I think it's from the perception that they 1) apply for overly broad or obvious patents, and 2) enforce the patents offensively. Also a very subjective definition, but it doesn't seem any worse than arbitrary "uses/plans to use" criteria.
When someone calls Apple et al. a patent troll, I think it's from the perception that they 1) apply for overly broad or obvious patents, and 2) enforce the patents offensively. Also a very subjective definition, but it doesn't seem any worse than arbitrary "uses/plans to use" criteria.