Again, I may agree with some of your thoughts, but I don't know of any patent case that can be thrown out for not being timely filed. You'll have
to come of examples of that, I don't recall any.
If your thinking of the latches defense, you might want to check out
On March 21, 2017, the U.S. Supreme Court held in SCA Hygiene Products Aktiebolag v. First Quality Baby Products LLC that defendants accused of patent infringement may no longer invoke the equitable defense of laches to bar legal relief