Accused infringers often get hung up on the issue of representative claims in § 101 motions. Typically, a patent complaint will assert infringement of a patent, and offer specific details of how at least one claim from the patent is infringed. In the District of Delaware, at least, the patentee is free to later assert additional claims, or drop the original claim, without amending the complaint.
This can cause problems for accused infringers when they move to dismiss the entire complaint on § 101 grounds. Sometimes patents have a lot of claims, and the Court may not want to address the full scope of the claims one-by-one, when some of them—or, more likely, most of them—will …
