1. “Where the district court did not reach Alice step two, or address how the jury’s verdict of novelty and non-obviousness affects the factual aspects of step two, may this Court resolve step two in the first instance, treating step two as a purely legal issue in violation of Berkheimer/Aatrix and disregarding the jury verdict and related district court fact-finding, or must it remand?” 2. “Under Alice step two, is it improper for this Court to conflate Alice steps one and two, disregarding the concrete and structural combination of elements cited by the patent owner (i.e., the ‘additional features’) – which here were the basis for the jury verdict of novelty and non-obviousness and the district court’s related findings – and focus its step-two inquiry on the abstract idea itself, concluding as a tautology that there can be no inventive concept because the inventive concept cannot lie in the abstract idea?”
