It was not long ago that we at the blog noted Judge Andrews' declaration that "it doesn't require much to plead a claim for direct patent infringement."
Today's case gives us an example of a filing that failed to clear that bar in a rather interesting way.
The plaintiff in Tir Techs. Ltd. v. Comcast Cable Comms., LLC, C.A. No. 25-885-JCG, D.I. 48 (D. Del. Mar. 11, 2026), attached actual claim charts to their complaint. This is normally a positive for surviving a 12(b)(6).
The defendants, however, moved to dismiss because the claim charts actually charted infringement by third party Amazon Web Services. The charts and and complaint would then "include frequent variations …
