1. “Whether, on summary judgment, a panel may act as a first-time factfinder to examine disputed facts and evidence regarding inventiveness of a groundbreaking invention improperly ignored by the District Court rather than remand?” 2. “Whether, on summary judgment, a panel may shift the burden to the patentee to prove patent eligibility of claims not addressed in a summary judgment motion of unpatentability under § 101?” 3. “Whether § 101 can be interpreted to consume the enablement requirement of § 112, and whether it is appropriate to require the claims themselves meet enablement requirements under § 101?” 4. “Whether, on summary judgment, when the Pre-Trial Order and record evidence the patentee limited its infringement assertion to five claims, a panel may disregard parts of the record to increase the number of claims asserted to expand jurisdiction?”
