I disagree. Once it's thrown out as an invalid argument, we'll have documented case law indicating that this argument won't be valid and it will reshape the future actions. It's an important step in the process.
This fails the asymmetry test. There are effectively infinite variations on any wrong argument, they don’t all need to be tested. There’s no progress gained by having to engage in a war of attrition.
That's not really how the law works.
Companies will still be able to at least try and drag things out while the other party runs out of money. Precedent doesn’t change that.