1. “Is it erroneous for a court to resolve a claim construction dispute in the context of a Rule 12 eligibility challenge without claim construction?” 2. “Is it erroneous to place the burden on the non-moving party to propose terms for construction in opposing a Rule 12 motion to dismiss under 35 U.S.C. §101?” 3. “Is it erroneous to refute a non-moving party’s plausible factual allegations that the claims recite an inventive concept based merely on a facial review of the asserted claims at the pleadings stage?”
