Without getting into a longwinded discussion of specifics, QI as a concept within the legal system has existed for quite a long time. The case you cite is where it was codified into an explict short-circuit that prevented the cases from being filed in the first place.

No, please - name cases you're thinking of. I am extremely curious about what you'll cite.

Because there was a specific reason QI came to be, and it was not a matter of a long-established doctrine being formalized.

I'll wait.

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3680714# and then click on view PDF. I don't think I can deep link to it directly.

Should give you a good context and background going back to the 1800s.