On March 20, the United States Court of Appeals for the Federal Circuit issued a short non-precedential opinion that, among other things, found that a motion to dismiss based on patent ineligibility under 35 U.S.C. § 101 extended only to claims explicitly addressed in the operative complaint. See Hantz Software, LLC v. Sage Intacct, Inc., No. 2022-1390, 2023 WL 2569956, at *1 (Fed. Cir. Mar. 20, 2023). My esteemed colleague already addressed this seemingly minor but practically important opinion. See Alaina J. Lakawicz, The Scope of Eligibility, IP Intelligence (Mar. 28, 2023).

But how have district courts responded to this opinion? And what, if any, strategies can parties use going forward?