It might help if the patent dispute involved or required actual instantiations of the content of the patent.
It should be a valid argument that if no device exists for a category of patents then the patent is unenforceable. There must be a prototype. Set a threshold. After filing, there has to be some kind of prototype to demonstrate as an example. Otherwise what was the point of the patent anyway? Especially if its only good for 20 years. It should manifest within 5 years in the least otherwise where was the benefit to society of granting an effective monopoly?
It should be a valid argument that if no device exists for a category of patents then the patent is unenforceable. There must be a prototype. Set a threshold. After filing, there has to be some kind of prototype to demonstrate as an example. Otherwise what was the point of the patent anyway? Especially if its only good for 20 years. It should manifest within 5 years in the least otherwise where was the benefit to society of granting an effective monopoly?