[I am not a lawyer]<p>A motion does not need to be consistent or holeless to be successful.<p>Anyway, it is worth considering that time spent on legal matters is a distraction for a startup founder. Winning in court is not a substitute for building a product users love and growing revenue.<p>Winning in court is not success and is attractive because it is easier than executing a business. Pivoting into something else may be more productive than fighting as a business decision.