Plaintiff need not establish at the pleading stage whether non-volatile flash memory can be performed using only the claimed method.,the first amended complaint need only set forth sufficient factual allegation to “ state a claim to relief that is plausible on its face “.

The court denies defendant argument without prejudice and notes thatthey are premature before the court order construing the disputed terms of claim 1 (patent 108) . See Markman v.Wsetview Instrument.