In JSDQ Mesh Technologies LLC v. Fluidmesh Networks, LLC (f/k/a Fluidmesh Networks, Inc.), C.A. No. 16-212-GMS (D. Del. Sept. 6, 2016), Judge Gregory M. Sleet denied Defendant’s motion to dismiss due to patent ineligible subject matter. The Court did not engage in a detailed Alice inquiry, as the motion was denied based on three threshold concerns. First, the Court concluded that Defendant had failed to establish a representative claim, as it had not identified “a consistent abstract idea upon which to base its motion” and had not provided “meaningful analysis for each of the challenged patent claims at issue.” Id. at 5. Second, while Plaintiff had not provided any reason why claim construction would impact the Section 101 analysis, the Court was “not inclined to dismiss the claims absent claim construction or appropriate discovery.” Id. at 6. Finally, the Court concluded that it could not yet determine “whether there is any set of facts that could be proven that would result in the challenged claims being patent-eligible. . . . The briefing and evidence now before the court are inadequate to permit a conclusive answer[.]” Id. at 6-7 (emphasis in original).
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