JSDQ Mesh Technologies LLC v. Fluidmesh Networks LLC, C.A. No. 16-212 – GMS, September 6, 2016.

Sleet, J. Defendant’s motion to dismiss for patent ineligible subject matter under section 101 is denied without prejudice.

Defendant asserts that a representative claim discloses a method of providing a radio communication route among nodes independent of a central computer.  There are four patents-in-suit, and the court is not convinced that defendant has identified a consistent abstract idea upon which to base its motion under Alice.  There is thus a factual dispute as to whether the non-representative claims add inventive concepts that would result in patent eligibility.  No reason has been asserted as to whether there are issues of claim construction must be resolved before deciding the motion.  The court is not inclined to dismiss without claim construction and discovery. The motion is denied without prejudice.