A federal magistrate judge in Delaware has recommended that Amazon.com Inc. and others not be allowed to escape an infringement case over technology company Kaavo’s cloud computing patent, saying open questions of fact precluded an early dismissal of the suit.

U.S. Magistrate Judge Christopher J. Burke of the District of Delaware on Nov. 3 said Kaavo’s suit could survive the two-step test in the U.S. Supreme Court’s 2014 decision in the Alice v. CLS Bank International case, which determines whether a patent contains eligible subject matter under the patent act.