1. “Whether the Federal Circuit’s standard for evaluating a Complaint’s factual allegations on a Rule 12(b)(6) motion to dismiss, requiring that the district court determine if the factual allegations are ‘plausible,’ is inconsistent with Supreme Court precedent requiring the ‘claim for relief’—as opposed to the factual allegations—to be ‘plausible’ and Third Circuit Precedent, which governs review of matters not unique to patent law.” 2. “Whether the Federal Circuit’s consideration of a 35 U.S.C. § 101 affirmative defense in a Rule 12(b)(6) motion to dismiss is inconsistent with both Supreme Court precedent, Iqbal and Twombly, and also with Third Circuit precedent, which governs review of procedural matters and does not require responses to affirmative defenses to be pled in a complaint.”
