Ok, i guess you simply underestimated just how little the layman knows. :D
> drafting that motion
I'm going by this particular case, where the patent is obvious and patent bullshit. I would imagine that here a motion would be a form letter that could be handled in less than an hour? (Going by experiences in the german law system where i've seen a form letter to an unpaying client go out, cost and take effect, for half an hour billed.)
And yeah, in other cases it may be less obvious. I'm only talking about the case at hand, and other similar ones, where the patent can be seen to be invalid by anyone with good high school education and above.
Heck, shouldn't it be possible to informally request from the judge to say whether he already sees the patent is bullshit or not?
Whether you want to just rely on a short letter is, I guess, a matter of your appetite for risk. Ideally you would at least provide some argument about why the patent is unenforceable. (In fact, most jurisdictions have rules that require this sort of explanation.) And this would be framed knowing that the other side will have potentially very talented lawyers arguing that it is enforceable.
Since you don't get to file an unlimited number of motions to dismiss on the same topic (for obvious reasons), most litigants find that they want to put a substantial amount of effort into making their case as persuasive as possible before a judge sees it, even if the matter is fairly straightforward. It's the lawyer's job to help the client understand these levels of risk, and the client's job to decide how much money he wants to spend, given those risks.
> drafting that motion
I'm going by this particular case, where the patent is obvious and patent bullshit. I would imagine that here a motion would be a form letter that could be handled in less than an hour? (Going by experiences in the german law system where i've seen a form letter to an unpaying client go out, cost and take effect, for half an hour billed.)
And yeah, in other cases it may be less obvious. I'm only talking about the case at hand, and other similar ones, where the patent can be seen to be invalid by anyone with good high school education and above.
Heck, shouldn't it be possible to informally request from the judge to say whether he already sees the patent is bullshit or not?