1. “Where a threshold patent-eligibility determination under 35 U.S.C. § 101 is presented in a Rule 12(b)(6) motion to dismiss for failure to state a claim upon which relief may be granted, under what circumstances can assertions of fact pleaded by a patent owner, and statements of fact recited in a patent specification, be deemed ‘conclusory legal assertions’ a court is ‘not bound to accept as true,’ pursuant to Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007)?”
2. “Where a patent infringement complaint asserts as fact that the invention claimed improves computer function by eliminating a then-conventional method, does the Federal Circuit’s determination that the improvement is also conventional present a question of fact that underlies the legal question of patent-eligibility, pursuant to Berkheimer v. H-P Inc., 881 F.3d 1360, 1368 (Fed. Cir. 2018), petition for cert. filed 2018 U.S. S. Ct. Briefs LEXIS 3613 (U.S. Sept. 28, 2018) (No. 18-415)?”
