In holding claims directed to a computer search system patent-ineligible under 35 U.S.C. § 101, Delaware Magistrate Judge Thynge rejected an argument that the patent should survive Alice scrutiny because a very similar continuation application had been allowed after Alice, and after invalidity contentions were submitted to the USPTO in the continuation application. Collarity, Inc. v. Google, Inc., No. 11-1103-MPT (D. Del. Nov. 25, 2015). The court therefore granted summary judgment of invalidity of claim of U.S. Patent No. 7,756,855. Google, the defendant, alleged that the patent claims were directed to the abstract idea of refining search queries by substituting some word in the query for others. The court agreed with Google, rejecting the argument of the plaintiff, Collarity, that the claims were directed to a computer improvement. The court’s analysis followed the now-familiar pattern of noting that the claims could be performed as mental steps, and with pen and…
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