REPORT & RECOMMENDATION to DENY Motion to Dismiss For Failure to State a Claim
The Court concludes that the Message Board Search Patents are not directed to an abstract idea at Step 1, but that the Automatic Data Population Patents are directed to the abstract idea of pre-filling forms. Further, for both the Message Board Search Patents and the Automatic Data Population Patents, factual questions remain as to whether the ordered combination within the claims possess an inventive concept at Step 2. Further, Defendants have not shown that the challenged claims are representative of other claims within a given group. The Court therefore recommends that each of the Motions to Dismiss Plaintiff’s claims for patent infringement due to the absence of patent-eligible subject matter under 35 U.S.C. § 101 be DENIED.