Untitled case

In a case blending retail technology and aggressive patent assertion, Alpha Modus, Corp. has sued The Kroger Company for patent infringement in the U.S. District Court for the Eastern District of Texas. The plaintiff, Alpha Modus, is a technology company that, after initially operating as a software and data-as-a-service provider for retailers, has pivoted to a patent-assertion business model, making it a patent assertion entity (PAE). The defendant, Kroger, is one of the largest supermarket operators in the United States. The lawsuit, filed on January 16, 2024, alleges that Kroger's use of in-store data analytics and customer engagement technologies infringes on Alpha Modus's intellectual property.

The dispute centers on U.S. Patent No. 10,360,571, titled "Method for monitoring and analyzing behavior and uses thereof." This patent generally covers systems that use in-store monitoring devices to gather and analyze information about consumer behavior to personalize experiences, such as providing targeted promotions. Alpha Modus claims that Kroger's deployment of technologies for enhancing customer experience and associate productivity—which leverage data analytics, artificial intelligence, and machine learning—infringes the '571 patent. These allegedly infringing systems include Kroger's collaboration with Google Cloud and Deloitte to optimize store operations and its 84.51° data analytics arm, which provides personalized digital promotions to shoppers.

The case (2:24-cv-00022) is being heard in the Marshall Division of the Eastern District of Texas, with Chief Judge Rodney Gilstrap presiding. This venue is historically significant, having long been a favored jurisdiction for patent plaintiffs due to its experienced judiciary, plaintiff-friendly reputation, and rapid trial timelines, although its dominance has fluctuated. The case is notable as it represents a broader, systematic enforcement campaign by Alpha Modus, which has filed numerous similar lawsuits against other major retailers like Lowe's and Circle K. This litigation highlights the growing trend of patent assertions targeting the data-driven technologies and AI systems that are becoming fundamental to the modern retail and customer service experience. The case was ongoing, with a jury selection scheduled for September 2025 noted in the court calendar. However, litigation analytics service RPX Insight now lists the case as "closed on 05/02/2025," suggesting a potential settlement, though public details are not yet available.

Case Summary: Alpha Modus, Corp. v. The Kroger Co., 2:24-cv-00022 (E.D. Tex.)

This analysis details the key legal developments in the patent infringement litigation between Plaintiff Alpha Modus, Corp. and Defendant The Kroger Co. concerning U.S. Patent No. 10,360,571. The case, filed in the Eastern District of Texas, concluded with a settlement and dismissal.

Filing and Initial Pleadings

• 2024-01-16: Complaint Filed
  Alpha Modus, Corp., a subsidiary of Alpha Modus Holdings, Inc. (NASDAQ: AMOD), filed a patent infringement lawsuit against The Kroger Co. in the U.S. District Court for the Eastern District of Texas. The suit, docketed as case number 2:24-cv-00022, initially asserted infringement of U.S. Patent No. 10,360,571. The patent, titled "Method for monitoring and analyzing behavior and uses thereof," generally covers technology for tracking customer behavior in stores to provide a real-time targeted experience. According to reports, the complaint alleged that Kroger's implementation of various in-store technologies, including intelligent retail display systems, infringed on Alpha Modus's intellectual property. Some reports suggest the complaint may have originally included two other patents.

• Answer and Counterclaims
  Details regarding the specific date of Kroger's answer to the complaint and whether counterclaims were filed are not available in public reporting. Typically, an answer would have been due within 21 days of service of the complaint or as otherwise stipulated by the parties or ordered by the court.

Pre-Trial and Discovery

No substantive pre-trial motions, such as motions to dismiss, transfer, or for summary judgment, have been publicly reported. Similarly, no significant discovery disputes or claim construction (Markman) rulings were detailed in available sources. The relatively short duration of the case suggests it was resolved before reaching these advanced litigation stages. A court calendar entry indicated that jury selection was scheduled for September 22, 2025, before Judge Rodney Gilstrap, though the case was terminated prior to this date.

Settlement and Dismissal

• 2025-05-05: Settlement Announced and Case Dismissed
  Alpha Modus announced through a press release that it had reached a confidential settlement agreement with Kroger. As a result of the settlement, the litigation was dismissed with prejudice. William Alessi, CEO of Alpha Modus Holdings, stated the settlement was an "important validation of the strength and enforceability of our patent portfolio." The specific financial terms of the agreement were not disclosed.

Parallel PTAB Proceedings

A thorough search of the USPTO's Patent Trial and Appeal Board (PTAB) records reveals no evidence that Kroger filed any inter partes review (IPR) or other post-grant proceedings against U.S. Patent No. 10,360,571. The dispute was resolved solely in the district court.

Subsequent Litigation

It is noteworthy that the settlement of the 2:24-cv-00022 case did not end the intellectual property disputes between the two companies.

• 2025-08-29: Alpha Modus filed a second, more extensive patent infringement lawsuit against Kroger in the same court. News reports characterized the initial lawsuit as focusing on Kroger's use of "Cooler Screens" technology. The subsequent lawsuit asserted a larger portfolio of at least seven patents related to a wider array of Kroger's in-house digital and AI platforms, such as KroGO smart carts, Kroger Precision Marketing, and various inventory management systems.
• 2025-11-12: Alpha Modus filed an amended complaint in the subsequent lawsuit (Case No. 2:25-cv-00923), expanding the number of asserted patents to nine. This indicates that while the initial, narrower dispute was resolved, infringement claims on a broader set of technologies continued.

Counsel for Plaintiff Alpha Modus, Corp.

As of May 8, 2026, the following attorneys have appeared as counsel of record for plaintiff Alpha Modus, Corp. in its patent infringement lawsuit against The Kroger Co. in the U.S. District Court for the Eastern District of Texas. The legal team comprises attorneys from the Washington, D.C.-based intellectual property firm Cherian LLP and the Longview, Texas-based trial firm Ward, Smith & Hill, PLLC, who serve as local counsel.

Based on the initial complaint (Doc. 1, filed Jan. 16, 2024), the counsel for the plaintiff are:

Lead Counsel

• Name: Stamatis "Stam" Cherian

  • Firm: Cherian LLP (Washington, D.C.)
  • Note: Cherian is a founding partner of the firm and has extensive experience in patent litigation and monetization, frequently representing patent holders in major technology disputes.

• Name: G. Christopher Gleason

  • Firm: Cherian LLP (Washington, D.C.)
  • Note: Gleason is a partner at the firm with a focus on complex patent litigation in federal district courts and proceedings before the U.S. Patent and Trademark Office.

Local Counsel

• Name: J. Wesley "Wes" Hill

  • Firm: Ward, Smith & Hill, PLLC (Longview, Texas)
  • Note: Hill is a seasoned trial lawyer with deep experience in the Eastern District of Texas, having been counsel of record in over 1,100 cases in Texas courts.

• Name: Johnny Ward

  • Firm: Ward, Smith & Hill, PLLC (Longview, Texas)
  • Note: Ward is a nationally recognized trial lawyer who has secured major verdicts in numerous patent infringement cases against large technology companies.

This information is based on preliminary docket filings. Appearances may change as the case progresses. No in-house counsel for Alpha Modus, Corp. has formally appeared on the docket.

As of today's date, May 8, 2026, the counsel of record for the defendant(s) in case number 2:24-cv-00022 before the U.S. District Court for the Eastern District of Texas cannot be determined.

Publicly available information regarding this specific case number is inconsistent, with various sources showing different case captions and parties unrelated to a patent infringement matter in the Eastern District of Texas. For instance, one search result identifies a patent case with this number as Netlist, Inc. v. Micron Technology, Inc. et al., while searches for the patent-at-issue, 10,360,571, connect it to litigation by other parties, such as Alpha Modus Corp., but not in the specified case.

Given the "Untitled case" caption provided in the matter's metadata and the conflicting public records, it is likely that the case is either very recently filed and has not yet been fully processed and indexed by online docket services, or the proceedings are sealed. Without a definitive identification of the defendant, the defendant's counsel cannot be ascertained.

Further analysis will be required once the docket becomes publicly accessible or the parties are otherwise identified through court filings.