Full opinion text
OPINION AND ORDER WILLIAM M. CONLEY, District Judge. This patent dispute presents a question of first impression with respect to the subject matter eligibility of a urine or other biological sample for drug screening and compliance protocols under 35 U.S.C. § 101, as well as related issues of enablement under § 112. The analysis is made more challenging by the state of flux in the treatment of competing goals inherent in § 101 challenges in recent years, and even in recent months. See Mayo Collaborative Services v. Prometheus Laboratories, Inc., — U.S. -, 132 S.Ct. 1289, 182 L.Ed.2d 321 (2012); In re BRCA1- & BRCA2-Based Hereditary Cancer Test Patent Litig., 774 F.3d 755 (Fed.Cir.2014); DDR Holdings, LLC v. Hotels.com, L.P., 773 F.3d 1245 (Fed.Cir.2014); Ultramercial, Inc. v. Hulu, LLC, 772 F.3d 709 (Fed.Cir.2014). Of course, this debate reflects a broader tension in patent law between what is legitimate invention in need of the incentives of patent law and what is merely description of the natural world for which no further incentive is required than our desire to understand it better — a tension recognized virtually from the outset of the American patent system. See Le Roy v. Tatham, 55 U.S. 156, 159, 14 How. 156, 14 L.Ed. 367 (1852). Justice Breyer’s relatively recent opinion in Mayo attempts to reconcile the goal of ensuring that patents do not “impede innovation more than it would tend to promote it,” and the axiomatic notion that “all inventions, at some level embody, use, reflect, rest upon, or apply laws of nature, natural phenomena, or abstract ideas.” Id. at 1293. Thus, Justice Breyer cautions that “too broad an interpretation of the exclusionary principle could eviscerate patent law.” Id. Here, plaintiffs Ameritox, Ltd., and Marshfield Clinic, LLC allege that defendant Millennium Health, LLC infringes two of their patents: U.S. Patents No. 7,585,680 (“the '680 patent”), purporting to describe a method for drug screening and compliance protocols for one sample of urine from a patient on a prescribed medication regimen; and 7,785,895 (“the '895 patent”), purporting to describe a similar method for one biological sample generally. (See Am. Compl., Exs. A, B (dkt. ## 106-1, 106-2).) Defendant Millennium seeks summary judgment of non-infringement and invalidity as to both patents. (Dkt. # 126.) The parties also ask the court to construe various terms common to both patents, including most notably “known normative data” and “quantifying the concentration.” (Def.’s Opening Br. (dkt. # 130); Pl.’s Opp’n (dkt. # 172).) For the reasons that follow, the court will deny Millennium’s motion for summary judgment of non-infringement and invalidity with respect to the '680 patent and grant the motion with respect to the '895 patent, finding the patent invalid for lack of enablement under § 112. For many of the same reasons, the court finds the '895 patent is vulnerable to the application of the exclusionary principle under § 101, while the '680 patent is substantially less so. UNDISPUTED FACTS I. The Licensing Agreement Plaintiff Marshfield Clinic is a health care and research organization. Marsh-field is also the assignee of the patents-in-suit from the inventors, Dr. Michael Larson and Dr. Thomas Richards. Plaintiff Ameritox Ltd. is in the field of pain medication monitoring, including a provider of urine drug testing (“UDT”) services. Ameritox is the exclusive licensee of the patents-in-suit pursuant to an exclusive license agreement between Am-eritox and Marshfield dated March 15, 2010. In exchange for an exclusive license, Ameritox agreed to make certain royalty payments to Marshfield and to use good faith commercial efforts to develop, market, and sell a drug testing service based on the asserted patents. II. The Testing Protocols Ameritox tests urine samples on behalf of doctors, nurses, and other health-care providers who prescribe pain medications to treat chronic pain. (Am. Compl. (dkt. # 106) ¶¶ 7.) Ameritox describes its UDT service as being able to “help clinicians assess whether patients are correctly taking medications and whether the prescription .should be adjusted.” (Dr. Paul J. Orsulak Infringement Report (“Orsulak Infringement Rept.”) (dkt. # 117) ¶¶ 27.) Healthcare professionals periodically use Ameritox’s services to monitor drug levels in their patients in order to help assess their patients’ therapeutic response to medications and adherence to the treatment plan, as well as to detect aberrant behaviors (e.g., illegal drug use) that may complicate treatment. ('680 patent at 2:17-20.) On May 16, 2011, Ameritox launched its current Rx Guardian CD service, which Ameritox asserts is based on the patents-in-suit. The testing protocol for Rx Guardian CD has three phases. (Dr. Paul J. Orsulak Rebuttal Report (“Orsulak Rebuttal Rept.”) (dkt. #118) ¶¶ 246-56.) First, Ameritox performs a series of laboratory tests to detect and measure the amount of drug and drug metabolites in a patient’s urine sample (the “detection” steps, which are reflected in steps (a)-(d) of the '680 patent). Second, Ameritox “normalizes” or “adjusts” urine drug levels for a patient’s hydration status by determining the metabolite/creatinine ratio of the patient (the “normalization” step, as reflected in step (e) of the '680 patent). Third, the Rx Guardian CD protocol compares a patient’s normalized test results to a range of “normative data” collected from other clinical patients on the same medication, who Marshfield carefully monitored to insure adherence to their prescribed opioid regimen (the “determining” step, as reflected in step (f) of the '680 patent). By comparing the patient’s normalized value to a range of values for other clinical patients believed to be prescribed and taking the same medication properly, the health care provider can better assess whether a patient is likely to be taking the prescribed drug in a manner consistent with the. prescribed regimen. The three steps outlined above largely truncate the steps outlined in claim 1 of the '680 patent, which states: 1. A method for quantifying at least one metabolite in a biological sample comprising the steps of: (a) providing one biological sample obtained -from a patient on a prescribed medication regimen, wherein the sample comprises at least one test metabolite, wherein in the sample is urine; (b) providing one set of known normative data specific to a reference metabolite, wherein the set of data is collected from a population that is on a prescribed medication regimen; (c) contacting the biological sample with an analytical device; (d) detecting the presence of at least one test metabolite in the biological sample with the device, wherein the device is capable of measuring the concentration of the test metabolite in the sample; (e) normalizing the biological sample to adjust for changes in the patient’s hydration status by determining the metabolite/creatinine ratio of the patient; and (f) quantifying the concentration of at least one test metabolite in the biological sample by comparing a ratio between the concentration of the test metabolite from the patient to the set of known normative data specific to the reference metabolite concentration. ('680 patent at 21:9-82.) III. The Specification, Prosecution History and Reexamination Certificates The patents-in-suit have a priority date of August 28, 2003, and cover a method to monitor medication usage and to detect aberrant drug usage patterns, including overuse and under-use of prescribed medications. ('680 patent at ABSTRACT.) The patents share the same specification, which states that adherence to a prescribed medication regimen is important to the success of most treatments, “particularly in patients in drug abuse or chronic pain programs.” (Id. at 1:21-24.) The specification further describes a number of sources used by health care professionals to monitor medication usage, including interviews with patients, medical records, pill counts, prescription monitoring programs, and testing of biological samples, such as urine. (Id. at 1:42-48, 15:11-15.) The specification also states that urine drug screens available in 2003 were limited to reporting a positive or negative result because of “the large amount of variability in urine drug concentrations, mostly due to variations in hydration and urinary output volume.” (Id. at 1:50-53.) Both patents highlight problems with-purely “up or down” test results. In particular, so long as patients took some amount of medication, their test results were positive and patients who overused or underused their medications continued to receive the same prescription: To date, a test is purely negative or positive as to the presence or absence of a drug metabolite in the urine. Accordingly, it would be useful to develop a method to assess with confidence patient adherence to prescribed drug treatment regimens. (Id. at 2:61-3:3 (emphasis added).) In light of the problems in the prior art, the specification goes on to state that: [t]he method of the present invention enables improved clinical accuracy of protocols used in testing biological samples, such as, urine testing [and] the present invention can substantially improve the ability of a clinician to monitor and confirm whether a patient has been using the medication in a manner which is consistent with the prescription. (Id. at 3:17-19, 4:50-54) (emphasis added). The specification thus describes a method to “improve” or “enhance” medication monitoring and seeks to identify aberrant drug use. (Id. at 3:17-19.) The description of the invention is also reflected in the prosecution history, including the inventors’ statement that: Applicants developed a normative database for the drug metabolite hydration corrected ratio that allows statistical analysis of drug metabolite level in urine to determine if the medication is utilized in a manner consistent with the prescription or what the potential dose may have been. (Declaration of Rebecca C. Mandel (“Man-del DedEx. 24 (dkt. # 129-24) pp. 14-15); see also id., Ex. 17 (dkt. # 129-17) p. 9.) By contrasting the invention with prior art references, the invention is better elucidated. For example, the inventors submitted to the Patent Office that the “Kell [reference] focuses on adulteration of the urine sample, whereas applicants’ method [a] focuses on identification of the urine, [b] correction of hydration in order to reduce variability and then [c] comparison of that corrected drug metabolite to a normative database to identify appropriate or inappropriate” drug use. (Id., Ex. 24 (dkt. # 129-24) p. 15.) The inventors further represents that “none of the patent publications from the Kell portfolio anticipate or render the claims obvious.” (Id.) The Patent Office agreed with the inventors’ submission leading to issuance of both patents. The patents also survived two more recent reexaminations, with the Patent Office issuing: the first reexamination certificates for the patents-in-suit in May and June 2013, leaving each of the challenged claims intact and issuing additional claims, and a second set of reexamination certificates on May and July 2014— again leaving each of the challenged claims intact. (See id., Ex. 1 (dkt. # 129-1) pp. 27-30; id., Ex. 2 (dkt. # 1292) pp. 26-29.) IV. Prior Art There are several references cited in the prosecution history (and by the parties themselves) that constitute prior art so well known by the “scientific community” at the time of the invention that it assists in determining whether the combination of elements in '680 patent constitute inventive concept. See Mayo, 132 S.Ct. at 1298 (patent is invalid if any additional steps consist of well-understood, routine, conventional activity already engaged in by the scientific community). In reviewing these references, the court is mindful that when prior art is put into evidence — either existing as part of the prosecution history or cited in expert reports — the reference must be considered in its entirety, i.e., as a whole, including portions that would teach or steer away from the claimed invention. W.L. Gore & Assocs., Inc. v. Garlock, Inc., 721 F.2d 1540, 1550 (Fed.Cir.1983). One of the most relevant prior art references in this case is the George Article. S. George & R.A. Braithwaite, A Pilot Study to Determine the Usefulness of the Urinary Excretion of Methadone and its Primary Metabolite (EDDP) as Potential Markers of Compliance in Methadone Detoxification Programs, J. Analytical Toxi-COL., Mar./Apr.l999, at 81-85. (See Man-del Deck, Ex. 43 (dkt. # 129^3).) The authors of the George Article investigate urinary excretion to determine whether “methadone or EDDP could be a simple and noninvasive marker of methadone compliance.” (Id. at 83.) Testing was specifically performed “to try to resolve the issue of whether urinary excretion could be used in place of plasma concentration as a mechanism to monitor compliance during methadone replacement therapy for opiate addiction.” (Id. (emphasis added).) The George Article was cited before the Patent Office, and it is also cited at length in Dr. Wu’s expert report, opining that the patents were invalid on §§ 101, 102 and 103 grounds. Millennium further cites the George Article in support of the factual proposition that “normalizing urinary samples via metabolite/creatinine ratios [was] a routine and conventional practice” at the time of the invention. (Def.’s PFOFs (dkt. # 127) ¶ 259.) The crux of the article, however, is best summarized by Ameri-tox’s expert Dr. Orsulak who explains: One aim of the George article was to determine if quantitative urinary excretion data of methadone and EDDP may be used to distinguish between compliant and noncompliant subjects undergoing methadone detoxification. (George article at 83.) The George article discloses two datasets from different patient populations. One patient population consisted of 14 control subjects. A second patient population consisted of 56 drug abusers, including those suspected of missing dosages or topping up from other sources of methadone. (George article at 83.) The George article concludes, “there is too large of an interin-dividual variation to use urinary excretion concentrations of methadone or EDDP as markers of compliance.” (George article at 83.) (Orsulak Rebuttal Rept. (dkt. # 118) ¶ 59.) As Dr. Orsulak points out, the George Article “never compares the results from any of the 56 drug • abusers to the 14 control subjects. Rather, to the extent any comparison is made, the George article only discloses comparing a patient’s test result to earlier results from that same patient.” (Id. at ¶ 86 (emphasis added).) “In other words, the George article discloses a straight historical results analysis, without any 95% inclusion range being involved, nor is any comparison to a known normative database disclosed.” (Id.) Thus, the “only comparison disclosed in the George article is a single patient’s test result to his/her own earlier test results.” (Id.) These facts were not squarely controverted in Dr. Wu’s opinion, nor is there anything else in the record that puts them into dispute. The George Article offers further insights into what was well known at the time of the claimed invention: • “there is too large of an interindividual variation to use urinary excretion concentrations of methadone or EDDP as markers of compliance”; • urinary excretion testing “would point to a lack of suitability of using urine concentrations of EDDP or methadone as markers of compliance”; and • “the only reliable method available to monitor methadone compliance is the use of plasma methadone drug testing.” (Mandel Decl., Ex. 43 (dkt. # 129-43) 84-85.) In each respect, the George Article supports a conclusion that at the time of the invention, blood testing was the only reliable method to determine whether a patient was complying with a prescribed drug regimen. Another article that reflects the state of the art is the Haddow Article. Haddow, J., et al., Replacing Creatinine Measurements with Specific Gravity Values to Adjust Urine Cotinine Concentrations, Clinical Chem. 562 (1994). (See Expert Report of Roger L. Bertholf, Ph.D. (“Bertholf Rept.”), Ex. H (dkt. # 209-8).) The Had-dow Article evaluates the use of creatinine and specific gravity values in a study of environmental tobacco smoke exposure in non-smoking children with asthma. (Id. at 562.) Haddow uses a regression analysis of the logarithm of urinary cotinine and creatinine in a population of 116 children who were not exposed to environmental tobacco smoke. (Id.) “[Although measuring creatinine measurements to reflect hydration” was known, Haddow teaches that it adds “complexity and cost when such measurements are applied in routine and clinical practice.” (Id.) This is why “specific gravity (relative density) measurements in urine samples from children with asthma” were used to “provide information equivalent to that from creatinine measurements.” (Id.) Moreover, Haddow does not involve drug treatment or compliance with a prescribed drug regimen and no known normative database is developed. (Id. at 562-64.) V. The Skilled Addressee For the purposes of identifying a person of ordinary skill in the art, the court agrees with Dr. Orsulak that the “relevant art of the subject matter claimed by the patents-in-suit is medication or therapeutic drug monitoring.” (Orsulak Rebuttal Rept. (dkt. # 118) ¶ 3.) Orsulak further opines that such a person would have a degree in a field “such as medicine, biochemistry, biology, clinical health psychology, clinical laboratory sciences, clinical toxicology, or pharmacology and several years of work experience related to medication or therapeutic drug monitoring, including drugs-of-abuse testing or substance abuse testing.” (Id.) This characterization of the skilled addressee seems sensible; nothing in Millennium’s materials alters this viewpoint; and the characterization is consistent with the field of the art applicable to the invention. VI. The Claims of the '680 and the '895 patent The disputed claims in suit — specifically claims 1, 2, 4-7, 10 and 16-18 of the '680 patent and claims 1, 4-5, 10-12 and 14 of the '895 patent — generally disclose a series of six steps that culminate in a final comparison step between the drug collected from a patient’s urine sample to “known normative data” collected from a patient population. Neither party disagrees with this characterization. As such, the asserted independent claims of the '680 patent (claims 1 and 4) and the '895 patent are represented below. Claim 1 of the '680 patent states: 1. A method for quantifying at least one metabolite in a biological sample comprising the steps of: (a) providing one biological sample obtained from a patient on a prescribed medication regimen, wherein the sample comprises at least one test metabolite, wherein in the sample is urine; (b) providing one set of known normative data specific to a reference metabolite, wherein.the set of data is collected from a population that is on a prescribed medication regimen; (c) contacting the biological sample with an analytical device; (d) detecting the presence of at least one test metabolite in the biological sample with the device, wherein the device is capable of measuring the concentration of the test metabolite in the sample; (e) normalizing the biological sample to adjust for changes in the patient’s hydration status by determining the metabolite/creatinine ratio of the patient; and (f) quantifying the concentration of at least one test metabolite in the biological sample by comparing a ratio between the concentration of the test metabolite from the patient to the set of known normative data specific to the reference metabolite concentration. ('680 patent at 21:9-32 (terms in dispute have been bolded).) Claim 1 of the '895 patent states: A method for quantifying at least one metabolite in at least one biological sample comprising the steps of: (a) providing at least one biological sample obtained from a patient on a prescribed medication regimen, wherein the biological sample comprises at least one test metabolite; (b) providing one set of known normative data specific to a reference metabolite, wherein the set of data is collected from a population that is on a prescribed medication regimen; (c) contacting the biological sample with an analytical device; (d) detecting the presence of at least one test metabolite in the biological sample with the device, wherein the device is capable of measuring the concentration of the test metabolite in the at least one biological sample; (e) normalizing the biological sample to adjust for changes in the patient’s hydration status by determining the metabolite/creatinine ratio of the patient; and (f) quantifying the concentration of at least one test metabolite in the biological sample by comparing a ratio between the concentration of the test metabolite from the patient to the set of known normative data specific to the reference metabolite concentration. ('895 patent at 20:56-21;12.) With regard to the disputed terms, the parties’ preferred constructions are summarized in the following table: Millennium contends that the purpose of the patents is to quantify a specific dose. It argues that this purpose provides the proper context and is dispositive of what is meant by “known normative data.” Similarly, with respect to the second disputed phrase — “quantifying the concentration”— Millennium argues in favor of a definition that specifically predicts the dosage of the test metabolite. Ameritox contends that neither of these disputed terms should be so confined. More specifically, Ameritox argues that Millennium’s construction seeks to import limitations from the specification to deviate from the plain and ordinary meaning of the claim terms. OPINION Analysis of patent infringement is a two-step process: “first, the scope of the claims are determined as a matter of law, and second, the properly construed claims are compared to the allegedly infringing device to determine, as a matter of fact, whether all of the limitations of at least one claim are present, either literally or by a substantial equivalent, in the accused device.” Teleflex, Inc. v. Ficosa N. Am. Corp., 299 F.3d 1313, 1323 (Fed.Cir.2002); Split Pivot, Inc. v. Trek Bicycle Corp., 987 F.Supp.2d 838, 844-47 (W.D.Wis.2013). I. Claim Construction Claim terms “are examined through the viewing glass of a person skilled in the art.” Phillips v. AWH Corp., 415 F.3d 1303, 1313 (Fed.Cir.2005). This provides an “objective baseline” from which to begin the claim analysis. Innova/Pure Water, Inc. v. Safari Water Filtration Sys., Inc., 381 F.3d 1111, 1116 (Fed.Cir.2004). The inquiry is assessed at the time of the invention, where the words of a claim “are generally given their ordinary and customary meaning.” Phillips, 415 F.3d at 1313. Because an “ordinary and customary” meaning may not be readily apparent, and because “patentees frequently use terms idiosyncratically,” courts look to the patent specification, the prosecution history, and pertinent extrinsic evidence to construe disputed claim terms. Id. at 1314. The specification is typically considered the “best source for discerning the proper context of the claims.” Phillips, 415 F.3d at 1315; United States v. Adams, 383 U.S. 39, 49, 86 S.Ct. 708, 15 L.Ed.2d 572 (1966) (describing as “fundamental that claims are to be construed in the light of the specification”). But when using the specification for the purposes of context, the skilled addressee must not improperly import a limitation from the specification into the claims themselves. See Innova, 381 F.3d at 1117 (district court improperly read limitations from the specification into the claims); White v. Dunbar, 119 U.S. 47, 51, 7 S.Ct. 72, 30 L.Ed. 303 (1886). Claim construction, therefore, requires a scalpel, not a sledgehammer because there is a thin line between interpreting the claims in view of the specification and improperly reading limitations from the specification into the claims. See Innova, 381 F.3d at 1117 (considering the contrasting nature of these axioms to be a “longstanding difficulty”); see also Componex Corp. v. Electronics for Imaging, Inc., No. 13-CV-384-WMC, 2014 WL 3556064, at *7 (W.D.Wis. July 18, 2014). A. “Known Normative Data” The term “known normative” data is referenced in element (b) and element (f) of claim 1. (See, e.g., '680 patent at 21:28-32.) The claim language expressly states that known normative data is “collected from a population that is on a prescribed medication regimen.” (Id. at 21:16-17.) In the abstract, known normative data is collected from a population and used as the invention’s baseline so it may be compared to a patient’s normalized urine sample to determine whether there is compliance with a prescribed medication regimen. Millennium contends that the term known normative data is known “dose-specific data that is related to the population it is intended to predict.”, (Def.’s Opening Br. (dkt. # 130) 20.) Millennium contends that its proposed construction is the only one that reflects the express function of the invention. That function, Millennium contends, is to determine the exact dosage taken by a patient (and thereby determining whether a patient is complying with the prescribed dosage). Much of Millennium’s construction is based on passages and examples in the specification, with particular emphasis placed on the following passages: • “This example describes how a drug metabolite/urine creatinine ratio ... could be used to improve the ability of clinicians to predict appropriate use of prescribed medication, as well as detect and quantify inappropriate use.” ('680 patent at 6: 58-62.) • “The goal of the model was to be able to predict whether a patient had adhered to a prescribed dosage regimen.” ('680 patent at 9:65-66.) Arguing that these passages reflect the purpose of the patents — “to predict the dosage taken by a patient” — Millennium contends that the claim language should be construed in accordance with that purpose. (Def.’s Opening Br. (dkt. # 130) 24.) In addition, Millennium points to Example 1 for support. That example “describes how a drug metabolite/urine creatinine ratio in patients ... could be used to improve the ability of clinicians to predict appropriate use of prescribed medication, as well as detect and quantify inappropriate use.” ('680 patent at 6:58:62.) Specifically, Example 1 describes the collection of UDT data from a population of seven patients on “a specified methadone dosing regimen.” (Id. at 7:7-8.) Such data is reflected in Table III in each of the patents. Example 1 thus teaches a “regression model for the prediction of methadone intake,” namely statistical analysis of “known normative data”' to predict the dosage of methadone taken by a patient. (Id. at 9:31-33.) From this, Millennium concludes that because the example is the “only detailed disclosure of the claimed invention in the patents-in-suit,” it is instructive and should dictate claim meaning. (Def.’s Opening Br. (dkt. # 130) 30.) The court, however, rejects Millennium’s construction for several reasons. To succeed, Millennium ignores a “ ‘bedrock principle’ of patent law that ‘the claims of a patent define the invention.’ ” Phillips, 415 F.3d at 1312; see also Thorner v. Sony Computer Entm’t Am. LLC, 669 F.3d 1362, 1365 (Fed.Cir.2012). Millennium also faces an uphill battle in negating the general rule that claims are given their customary and ordinary meaning: See Teleflex, Inc. v. 299 F.3d at 1325 (“We indulge a ‘heavy presumption’ that a claim term carries its ordinary and customary meaning.”). Specifically, courts should “only interpret a claim term more narrowly than its ordinary meaning under two circumstances: (1) when a patentee sets out a definition and acts as [its] own lexicographer, or (2) when the patentee disavows the full scope of a claim term either in the specification or during prosecution history.” Aventis Pharma SA v. Hospira, Inc., 675 F.3d 1324, 1330 (Fed.Cir.2012) (internal quotation omitted). “The standards for finding lexicography and disavowal are exacting.” Hill-Rom Servs., Inc. v. Stryker Corp., 755 F.3d 1367, 1371 (Fed.Cir.2014) (emphasis added). Neither of these circumstances applies here; nor is there any other canon of construction that allows Millennium to prevail. First, Millennium points to no definitive definition of “known normative data” in the specification that supports its construction. When the skilled addressee turns to the specification the only definition that even comes close to the disputed phrase is* the phrase: “normative database.” ('680 patent at 5:60-65.) Notwithstanding the fact that “normative database” is worded differently to “known normative data” (the disputed term), Millennium’s reliance on the former falls flat because the definition of “normative database” simply states “a collected set of data that is related to a specific population it is intended to predict.” (Id. at 5:58-60.) Contrary to Millennium’s position, there is no mention of dose specific data or dose specific regimen. Because none of the definitions in the specification supply claim meaning, Millennium’s proposed construction must be rejected. See Hospira, Inc., 675 F.3d at 1330; Aria Diagnostics, Inc. v. Sequenom, Inc., 726 F.3d 1296, 1301 (Fed.Cir.2013) (“Taken in context, this evidence does not support the trial, court’s interpretation, and certainly is not clear lexicography or disavowal.”). Second, there is no claim disavowal in the prosecution history. The best that Millennium can muster is the following passage: Applicants developed a normative database for the drug metabolite hydration corrected ratio ... to determine if the medication is utilized in a manner consistent with prescription or what the [patient’s] potential dose may have been. (Def.’s Opening Br. (dkt. # 130) 29 (emphasis altered).) Millennium’s reliance on this passage is deficient for much the same reason as the first: the term normative database is used instead of the actual disputed term that is subject to the litigation (i.e., known normative data). But even if the proper disputed phrase had been referenced above, the passage still supplies little to support Millennium’s position. Indeed, the passage creates more questions than answers due to the permissive language used. Said another way, the word “may” preceded by the phrase “manner consistent with the prescription” is hardly verbiage that disavows the full scope of a claim term. Neither phrase is “exacting.” Stryker Corp., 755 F.3d at 1371. While Millennium argues that a person skilled in the art would equate the phrase “manner consistent with prescription” as meaning dose specific data, the court is not so convinced. Id. at 1372 (“Disavowal requires that the specification or prosecution history make clear that the invention does not include a particular feature.”). Third, Millennium provides no meaningful discussion for how references in the specification and the prosecution history narrowed claims scope to circumvent prior art. More specifically, nothing in the specification indicates that “dose specific data” is an essential feature of the claimed invention over the prior art. See Liebel-Flarsheim Co. v. Medrad, Inc., 358 F.3d 898, 906-09 (Fed.Cir.2004) (distinguishing cases where the court narrowly construed an otherwise broad claim term). To be fair, Millennium does argue that: [d]uring prosecution of the '680 patent, the patentees specifically used the known dose-specific element of “known normative data” to distinguish the claimed invention from the prior art. Specifically, the patentees asserted that “[ajpplicants are able to not only accurately analyze the level of drug metabolite, within a specific, patient, but more importantly, across individuals on the same drug and drug dose.” (Def.’s Opening Br. (dkt. # 130) 29 (emphasis omitted).) But, in the next sentence, and without supplying any further analysis, Millennium concludes that its construction “makes sense.” (Id.) The problem with Millennium’s argument is simple: it lacks depth. While an argument based on prosecution estoppel would tend to have traction in most cases, Millennium’s argument here is only limited to the above mentioned passage — perhaps because it had little to work with in the first place. This limited analysis contrasts starkly with a recent case in this court, finding that a functional definition was deliberately used by the patentees to avoid prior art. See Componex Corp., 2014 WL 3556064, at *7 (holding that during the litigation, the definition could not be abandoned in order to expand the scope of its “patent beyond what was previously claimed”). Here, no effort is made by Millennium to show that the inventors deliberately abandoned claim scope to traverse prior art, let alone refer to the specific prior art references that inventors were seeking to distinguish in the prosecution history to provide a basis for estoppel. Without such analysis, Millennium’s construction is far less persuasive. It is rejected accordingly. Cf. Spectrum, Int’l, Inc. v. Sterilite Corp., 164 F.3d 1372, 1379-80 (Fed.Cir.1998) (“By distinguishing the claimed invention over the prior art, an applicant is indicating what the claims do not cover.”). Fourth, Millennium’s argument fares no better when it points to examples in the specification to construe the claims. Specifically, Millennium argues that known normative data must mean “dose specific” data because Example 1 expressly supplies such meaning when read in the context of both patents. To succeed in this argument, Millennium must again overcome the presumption that favors plain and ordinary meanings of claim terms. In Teleflex, the Federal Circuit held that the district court‘erred when it imported a limitation from the specification, thereby straying from the ordinary meaning of the claim term “clip” by requiring a “clip” to have a “single pair of legs,” even though the only embodiment in the specification disclosed a clip having a single pair of legs. 299 F.3d at 1327-28 (emphasis added). Thus, in Teleflex, the only embodiment in the specification supported the alleged infringer’s position — and the Federal Circuit still reversed. Unlike Teleflex, multiple embodiments are provided in the '680 and '895 patents. Although Example 1 does provide a dose specific embodiment, other embodiments are not so confined. Ameritox directed the court to the following passage from the specification that is illustrative: The method [of the invention] is carried out by contacting the biological sample with a device capable of distinguishing between the test metabolite and a reference metabolite; detecting the presence of at least one test metabolite in a biological sample; and quantifying the concentration of at least one test metabolite-in a biological sample by comparing a ratio between a set of unknown data from the test metabolite versus a set of known normative data specific to the reference metabolite. The method of the present invention enables improved clinical accuracy of protocols used in testing biological samples, such as urine testing. ('680 patent at 3:6-18 (emphasis added).) Even if all the embodiments described known normative data as including dose-specific data (and they do not), Millennium’s construction would still stray imper-missibly from the plain and ordinary meaning of the claim term. Teleflex states as much. 299 F.3d at 1325; see also Aria Diagnostics, Inc. v. Sequenom, Inc., 726 F.3d 1296, 1301 (Fed.Cir.2013) (“[E]ven if a specification has only one embodiment, its claims will not be confined to that example ‘unless the patentee has demonstrated a clear intention to limit the claim scope using words or expression of manifest exclusion or restriction.’ ” (quoting Liebel-Flarsheim, 358 F.3d at 906)); MBO Labs., Inc. v. Becton, Dickinson & Co., 474 F.3d 1323, 1334 (Fed.Cir.2007) (“[A] fundamental principle of patent claims construction is that the court should not read limitations from the specification into the claim language; the specification can only be used to limit a claim if there has been ‘a clear disclosure that the patentee intended the claims to be limited.’ ” (internal citation omitted)). As the passage explains, the use of the phrase known normative data is deliberately juxtaposed with unknown data from the test metabolite. The juxtaposition is used to demonstrate that while the invention does require known normative data to provide a baseline from which to improve clinical urine testing, that data need not be a specific dosage. Indeed, had the paten-tee sought to limit the claim language in this way, it would have elected to do so. The lack of a limitation in the claims reinforces the case against a restrictive reading of the disputed term. See ACTV Inc. v. Walt Disney Co., 346 F.3d 1082, 1088 (Fed.Cir.2003) (“[T]he analytical focus of claim construction must begin, and remain centered, on the language of the claims themselves.”). More specifically, element (b) of claim one expressly states: “providing one set of known normative data specific to a reference metabolite, wherein the set of data is collected from a population that is on a prescribed medication regimen.” ('680 patent at 21:16-17 (emphasis added).) Language in the embodiment above tracks key language in claim 1 of the '680 patent as demonstrated here, only strengthening Ameritox’s construction-i.e., data that is not unknown, and certainly not limited to data that is dose specific. The view is fortified by the fact that when inventors knew how to specify dose in one of the patents’ embodiments (Example 1), they did so. And by not doing the same in the claims, this tends to end the debate over the disputed term. (Compare '680 patent at 9:65-66 (specification using the term “prescribed dosage regimen”), with id. at 21:16-1 (claim 1 using the phrase “prescribed medication regimen”).) Accordingly, because of the claim language conforms with embodiments cited in the specification and because there is no clear scope disavowal, the court rejects Millennium’s proposed construction. B. “Quantifying” (step (f)) Millennium argues that interpretation of step (f) is guided by the “intended purpose of the patents,” which is “to predict or determine drug dosage taken by a patient.” (Def.’s Opening Br. (dkt. # 130) 44.) It follows, Millennium contends, “that any construction of the claim — specifically step (f)’s comparison between the patient’s ratio to the known normative data from a population — must reflect the stated goal.” (Id. at 45.) The court disagrees. As an initial matter, the purpose of the patents is far broader than what Millennium maintains. Millennium’s entire construction is predicated on the flawed assumption that that the patents’ sole objective is to identify the specific dose of a patient. This purpose is too narrowly drawn because the patents’ specification and prosecution history directs one skilled in the art to an invention that allows “analysis of drug metabolite level in urine to determine if the medication is utilized in a manner consistent with the prescription or what the potential dose may have been” — a broader goal. (Mandel Decl., Ex. 24 (dkt. # 129-24) pp. 14-15; see also id., Ex. 17 (dkt. # 129-17) p. 9.) Instead of being dose specific, the method of the “invention enables improved clinical accuracy of protocols us,ed in testing biological samples, such as, urine testing.” ('680 patent at 3:17-19.) This, as the inventors say, “can substantially improve the ability of a clinician to monitor and confirm whether a patient has been using the medication in a manner which is consistent with the prescription.” (Id. at 4:50-54.) When compared with pre-existing testing protocols, the state of the art sought to determine “a positive or negative result as to the presence or absence” of a drug. (Id. at 2:66-67.) In contrast, the '680 patent provides a method to “improve” and “enhance” medication monitoring and identify aberrant drug use. (Id. at 3:17-19.) While Millennium is correct in saying that courts look to the object or purpose of the invention, such analysis must be examined in the totality so to guard against the claims being pulled in different ways by the different embodiments in the specification. See White, 119 U.S. at 51-52, 7 S.Ct. 72 (patents are not “nose[s] of wax which may be turned and twisted in any direction by merely referring to the specification”). Millennium further contends that each of the examples indicate specific embodiments of the invention that seek to predict dosage based on the comparison applied in step (f). For reasons similar to that stated above, this argument must also be rejected. Two aspects of the claimed invention include: (1) “determine if the medication is utilized in a manner consistent with the prescription” and (2) “determine ... what the [patient’s] potential dose may have been.” (Mandel Decl., Ex. 24 (dkt. # 129-24) pp. 14-15; see also '680 patent at 3:20-27.) The first aspect can be accomplished with or without definitive prediction of dosage. While the second aspect uses dose-specific data, the patent stops short of claiming that the invention definitively predict ingested dose, simply stating that the invention may be used to approximate what the “potential” dose “may have been.” The multiple aspects of the patent demonstrate that the asserted claims do not require dose-specific data. As such, the asserted patents are prime examples for why the Federal Circuit “repeatedly warn[s] against confining the claims to [the] embodiments” of the specification. Phillips, 415 F.3d at 1323; see also Teleflex, 299 F.3d at 1325. Claim language that is narrow would only limit the patents to determining potential or approximate doses, not whether medication is being used in a manner consistent with the prescription. The claim encompasses both these embodiments. A broader purpose afforded to the patented invention reflected in the actual claim language ensures a plurality of embodiments that fall within the claims. This broad reading of the claims is further fortified by the fact that the word “dose” and “dose-prediction” appear nowhere in the asserted claims. Like the previous disputed term, the lack of a limitation in the claims reinforces the case against a restrictive reading of the disputed term here. See ACTV, 346 F.3d at 1088 (“[T]he analytical focus of claim construction must begin, and remain centered, on the language of the claims themselves.”). Accordingly, Millennium’s request that the court read a definitive dose-prediction limitation into the asserted claims finds no support in the actual claim language. Because of this, the court will decline Millennium’s invitation to insert a limitation when canons of construction suggest otherwise. See Phillips, 415 F.3d at 1323; MBO Labs., Inc., 474 F.3d at 1334. II. Motion for Summary Judgment on Invalidity and Infringement Summary judgment is warranted under Federal Rule of Civil Procedure 56 “if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a). The moving party bears the burden of showing that the facts material to the motion are not in dispute. Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). The nonmoving party may not avoid summary judgment merely by showing that some facts are in dispute; rather, it must establish that there are factual issues that might affect the outcome of the suit under governing law. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-48, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). Although the court must “take all facts and reasonable inferences in the light most favorable to” the nonmoving party, Helman v. Duhaime, 742 F.3d 760, 761 (7th Cir.2014), the nonmoving party must still come forth with enough evidence to support a reasonable jury verdict in its favor, Delta Consulting Grp., Inc. v. R. Randle Constr., Inc., 554 F.3d 1133, 1137 (7th Cir.2009). Summary judgment is “not a dress rehearsal or practice run,” but the “put up or shut up moment” in which a party must show what evidence it has to convince a trier of fact to accept its version of events. Nichols v. Nat’l Union Fire Ins. Co. of Pittsburgh, PA, 509 F.Supp.2d 752, 760 (W.D.Wis.2007) (quoting Schacht v. Wis. Dep’t of Corr., 175 F.3d 497, 504 (7th Cir.1999)). Because a patent is presumed valid, Millennium must prove invalidity by clear and convincing evidence. See Microsoft Corp. v. i4i Ltd. P’ship, — U.S. -, 131 S.Ct. 2238, 2242, 180 L.Ed.2d 131 (2011). Thus, for Millennium to succeed in the instant motion for summary judgment, it must present clear and convincing evidence from which a reasonable jury could find that the patent is invalid. See Nystrom v. TREX Co., 424 F.3d 1136, 1149 (Fed.Cir.2005); see also CertusView Techs., LLC v. S & N Locating Servs., LLC, No. 2:13cv346, 2015 WL 269427, at *14 (E.D.Va. Jan. 21, 2015). A. Section 101 Section 101 of the Patent Act defines patentable subject matter: “Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.” 35 U.S.C. § 101. The section defines four categories of patentable inventions: processes, machines, manufactures, and compositions of matter. Despite these broad categories, § 101 does not encompass all products of human effort and discovery. For example, “laws of nature, physical phenomena, and abstract ideas” constitute ineligible subject matter and are not patentable. Diamond v. Chakrabarty, 447 U.S. 303, 309, 100 S.Ct. 2204, 65 L.Ed.2d 144 (1980). All of these exceptions are well established. See, e.g., Diamond v. Diehr, 450 U.S. 175, 185, 101 S.Ct. 1048, 67 L.Ed.2d 155 (1981); Parker v. Flook, 437 U.S. 584, 599, 98 S.Ct. 2522, 57 L.Ed.2d 451 (1978) (Stewart, J., dissenting); Gottschalk v. Benson, 409 U.S. 63, 67, 93 S.Ct. 253, 34 L.Ed.2d 273 (1972); Funk Bros. Seed Co. v. Kalo Inoculant Co., 333 U.S. 127, 68 S.Ct. 440, 92 L.Ed. 588 (1948); MacKay Radio & Tel. Co. v. Radio Corp. of Am., 306 U.S. 86, 94, 59 S.Ct. 427, 83 L.Ed. 506 (1939); Le Roy v. Tatham, 55 U.S. 156, 14 How. 156, 14 L.Ed. 367 (1853). 1. Recent Legal Developments The validity of many business and software patents has been called into question following the Supreme Court’s decision in Alice Corporation v. CLS Bank International, — U.S. -, 134 S.Ct. 2347, 189 L.Ed.2d 296 (2014). Patents in the biotechnology and diagnostic fields have also come under scrutiny since the Alice decision was handed down in June of 2014, with some having already been found invalid. See, e.g., In re BRCA1- & BRCA2-Based Hereditary Cancer Test Patent Litig., 774 F.3d 755 (Fed.Cir.2014). As a result, courts and commentators are understandably seeking more concrete contours in the application of § 101, which instead of acting like the coarse “filter” it once was, now arguably imposes a “higher bar,” invalidating numerous patents in district courts and inter partes proceedings before the Patent Office. Cal. Inst. of Tech., 59 F.Supp.3d at 978-79, 2014 WL 5661290, at *2; see also Ultramercial, 772 F.3d at 720. Accordingly, this court will follow the Supreme Court’s admonition in Alice to “tread[] carefully” in applying this reinvigorated exclusionary principle to the patents at issue herei 134 S.Ct. at 2354. In Alice, the Supreme Court articulated a “framework” for determining whether 35 U.S.C. § 101 is met. 134 S.Ct. at 2355 (citing Mayo, 132 S.Ct. at 1296-97). First, a court determines “whether the claims at issue are directed to one of those patent-ineligible concepts” — i.e., whether the claims are directed to laws of nature, natural phenomena, and abstract ideas. Id. Second, if the claims are directed to patent-ineligible concepts, the process sought to be patented must include an additional element or a combination of additional elements that constitute “inventive concept’ ” — i.e., “an element or combination of elements that is ‘sufficient to ensure that' the patent in practice amounts to significantly more than a patent upon the [ineligible concept] itself.’ ” Alice, 134 S.Ct. at 2355 (quoting Mayo, 132 S.Ct. at 1294); see also Funk Bros., 333 U.S. at 130, 68 S.Ct. 440 (“If there is to be invention from [a discovery of a law of nature], it must come from the application of the law of nature to a new and useful end.”). Before applying the Alice framework to the patents-in-suit, a review of the Supreme Court’s recent decisions in Mayo, which similarly dealt with drug level testing and diagnostic patents, as well as some of the post-Alice Federal Circuit decisions may be helpful. In Mayo, the patents-in-suit concerned the use of thiopurine drugs in the treatment of autoimmune diseases. In particular, doctors knew that such drugs could be helpful in treating Crohn’s disease and that the drugs’ toxicity or effectiveness could be measured relative to how thiopurine metabolized in the body. Before the filing date of the invention, however, it had been difficult for doctors “to determine whether for a particular patient a given thiopurine dose was too high, risking harmful side effects, or too low, and so likely ineffective.” Mayo, 132 S.Ct. at 1295. Said another way, the scientific community did not know the precise correlations between metabolite levels and likely harm or ineffectiveness. The Supreme Court found that this is where the patent addressed a need, with claims directed to “processes embodying researchers’ findings that identified these correlations with some precision.” Id. While the Court had not yet adopted the two-step framework later set out in Alice, the Mayo analysis certainly reflected the first step of the Alice framework while suggesting the second. Specifically, upon coming to the conclusion that the patent was directed to ineligible subject matter, the Court asked rhetorically: “What else is there in the claims before us?” Id. at 1297. This provided the segue to what is now the second part of the Alice framework: the search for inventive concept. At that juncture, the representative claim was divided into an “administering” step, a “determining” step, and a “wherein” step. Id. To begin, the Supreme Court held that the “administering” step did not supply inventive concept because the “step simply refers to the relevant audience, namely doctors who treat patients with certain diseases with thiopurine drugs.” Id. The “determining” step was treated with equal disdain because it simply “tells the doctor to determine the level of relevant metabolites in the blood, through whatever process the doctor ... wishes to use.” Id. Justice Breyer found that step “nothing more [than] well-understood, routine, conventional activity previously engaged in by scientists who work in the field.” Id. To support this conclusion, Justice Breyer cited admissions in the patent itself that the processes for determining the level of metabolites in a patient’s blood were “well known in the art.” Id. at 1298. As to the “wherein” step in Mayo, the Supreme Court found those clauses simply “tell the relevant audience about the laws while trusting them to use those laws appropriately where they are relevant to their decision-making (rather like Einstein telling linear accelerator operators about his basic law and then trusting them to use it where relevant).” Mayo, 132 S.Ct. at 1298. Next, the Court addressed the patenta-bility of the combination of these steps. The Court found that “to consider the three steps as an ordered combination adds nothing to the laws of nature that is not already present when the steps are considered separately.” Id. Justice Breyer’s opinion distinguished the decision from the Court’s previous holding in Diamond v. Diehr, 450 U.S. 175, 101 S.Ct. 1048, 67 L.Ed.2d 155 (1981). To Justice Breyer, nothing in Diehr suggests that the steps of the claimed process or their combination “were in context obvious, already in use, or purely conventional,” as had been found to be true with respect to the claimed process in Parker v. Flook, 437 U.S. 584, 98 S.Ct. 2522, 57 L.Ed.2d 451 (1978). Mayo, 132 S.Ct. at 1299 (“[I]t was nowhere suggested that all the steps [in Diehr’s invention], or at least the combination of those steps were ... conventional.”). Because of this, Justice Breyer concluded that “the patentees [in Diehr ] did not seek to pre-empt the use of [the] equation, but sought only to foreclose from others the use of that equation in conjunction with all of the other steps in their claimed process.” Id. (internal quotations omitted). In Justice Breyer’s view, these other steps apparently added to the formula in Diehr something that had significance in terms of patent law’s objectives — “they transformed the process into an inventive application of the formula.” Id. at 1299 (emphasis added.). Finally, Justice Breyer expressly addressed the risk of preemption, stating that “the Court has repeatedly emphasized the concern that patent law [must] not inhibit further discovery by improperly tying up the future use of laws of nature.” Mayo, 132 S.Ct. at 1301. For this reason, Justice Breyer cautioned against patents that would “foreclose[ ] more future invention than the underlying discovery could reasonably justify.” Id. Justice Breyer concluded that, as in Benson, where the claimed - mathematical formula had “no substantial practical application except in connection with a digital computer,” the claims in Mayo were overly broad because they “did not differ significantly from a claim that just said apply the algorithm.” Id. (citing Benson, 409 U.S. at 71, 93 S.Ct. 253). Since Mayo and Alice, the Federal Circuit has continued to develop the standard for what constitutes patentable subject matter. In particular, two recent decisions provide insights into what constitutes an “inventive concept” under Alice’s second step. In DDR Holdings, LLC v. Hotels.com, L.P., 773 F.3d 1245 (Fed.Cir.2014), for example, the Federal Circuit reviewed patents “directed to systems and methods of generating a composite web page that combines certain visual elements of a host website with content of a third-party merchant.” 773 F.3d at 1248. Judge Chen found that the patents were directed toward more than an abstract idea or fundamental business practice; they solved a problem particular to the internet. Id. at 1257. “Instead of the computer network operating in its normal, expected manner ... the claimed system generate[d] and direct[ed] the visitor to [a] hybrid web page that presents product information from the third-party and visual ‘look and feel’ elements from the host website.” Id. at 1258-59 (emphasis added). Because the patents were directed toward solving a new problem, particular to the internet, and solved the problem beyond “routine or conventional use of the internet,” Judge Chen found that the patents were significantly more than just an abstract idea. Id. at 1259. More recently, the Federal Circuit examined whether gene sequences known as BRCA1 and BRCA2 could overcome a § 101 challenge. In re BRCA1- & BRCA2-Based Hereditary Cancer Test Patent Litig., 774 F.3d 755 (Fed.Cir.2014). The case involved Myriad Genetics, Inc. suing Ambry Genetics Corporation for infringement of U.S. Patent No. 5,753,441 and U.S. Patent No. 5,747,282. In the 1990s, Myriad had discovered the precise locations and sequences of the BRCAl and BRCA2 genes, mutations linked to hereditary breast and ovarian cancers. Myriad was then able to determine the typical sequences of the genes most often found in humans (i.e., the “wild-type” sequence for each), as well as mutations that depart from these two sequences. Some mutations were harmless, while other mutations correlated with an increased likelihood of developing particular cancers. By testing for the presence of these mutations, doctors could determine whether a patient is particularly prone to developing breast or ovarian cancer. As in the present case, the method claims involved comparison steps. Ambry, however, argued that Mayo was directly on point because these claims “simply identified] a law of nature (the precise sequence of the BRCA genes, and comparisons of wild-type BRCA sequences with certain mutations of those gene sequences found in the test subject) and applied] conventional techniques.” Id. at 762. In a slight twist, the Federal Circuit declined to decide whether Mayo applied to the process patents “because the method claims suffered] from a separate infirmity: they recite[d] abstract ideas.” Id. In analyzing claims 7 and 8, the court noted that both were similar and dependent from claim 1. In applying the two-step framework of Alice, the court dissected the claims to a first set of paragraphs, “which describe the comparison of wild type genetic sequences with the subject’s genetic sequence and correspond to the first step of Alice ” and the second set of paragraphs, “which describe the techniques to be used in making the comparisons and correspond to the second step of Alice.” Id. at 763. Holding that the first paragraphs — the comparison step — amounted to an abstract idea, the court turned to the second paragraphs in claim 7 and claim 8, respectively. Id. The court found that the second paragraph of claim 7 described the way in which the “sequences are compared: they are compared by 1) hybridizing a BRCA gene probe and 2) detecting the presence of a hybridization product.” Id. at 764. Similarly, the court said that “claim 8 requires 1) amplification of the BRCAl gene and 2) sequencing of the amplified nucleic acids.” Id. The court found that “claims 7 and 8 do not add ‘enough’ to make the claims as a whole patent-eligible.” Id. This holding was predicated on the unchallenged finding by the district court that the elements of the second paragraphs of claims 7 and 8 “set forth well-understood, routine and conventional activity engaged in by scientists at the time of Myriad’s patent applications.” Id. (quotations omitted). The court concluded: The second paragraphs of claims 7 and 8 do nothing more than spell out what practitioners already knew — how to compare gene sequences using routine, ordinary techniques. Nothing is added by identifying the techniques to be used in making the comparison because those comparison' techniques were the well-understood, routine, and conventional techniques that a scientist would have thought of when instructed to compare two gene sequences. Id. (emphasis added). Just as Justice Breyer tethered the notion of well-understood, conventional steps to “activity already engaged in by the scientific community” in Mayo, 132 S.Ct. at 1298, the Federal Circuit in BRCAl tethered the notion of well-understood, conventional steps to “techniques that a scientist would have thought ” to use when deciding to engage in experiments that were directed to the invention, 774 F.3d at 764 (emphasis added). Both of these articulations amount to the same concept: whether the scientific community would have thought to do something at the time of invention is very much dependent on what activities scientists had already been engaged in at the time. Of course, the inverse concept also is true: if inventors engage in activities that run counter to scientific thought, those activities can hardly be considered conventional under § 101. This latter concept would similarly apply when a patent involves a combination of elements that the scientific community would not have thought to use or implement to deliver a new, improved and useful result. 35 U.S.C. § 100 (“The term ‘process’ means process, art or method, and