1. “Whether courts can find patent claims ineligible without identifying any precise ineligible concept the claims are allegedly directed to.” 2. “Whether, on summary judgment, the Federal Circuit can disregard facts establishing several inventive concepts, and find, for the first time on appeal and based on prior art and arguments never raised, that the inventive concepts taught by the patent were instead well understood, routine, and conventional.” 3. “Whether Section 101 can be interpreted to swallow the enablement requirement of Section 112, and whether it is appropriate to require the claims of a patent to meet enablement requirements under Section 101.”
