AlmondNet, Inc. v. Lotame Solutions, Inc.

Ad-Tech Firm AlmondNet Asserts Online Profiling Patent Against Lotame

WILMINGTON, DE – In a case drawing attention within the digital advertising industry, ad-tech pioneer AlmondNet, Inc. has filed a patent infringement lawsuit against data management platform Lotame Solutions, Inc. The suit, filed on March 22, 2024, in the U.S. District Court for the District of Delaware, alleges that Lotame's data collection and audience segmentation technology infringes on AlmondNet's patented method for creating user profiles for targeted advertising. The case is part of a broader litigation campaign by AlmondNet, which has recently secured a significant jury verdict against Amazon on other ad-tech patents.

The plaintiff, AlmondNet, describes itself as a research and development-focused entity and an "industry leader and pioneer in privacy-friendly, targeted advertising" since 1998. The company and its subsidiaries, such as Datonics and Intent IQ, license an extensive intellectual property portfolio related to behavioral targeting and data monetization. The defendant, Lotame Solutions, is an operating company that provides a cloud-based data management platform (DMP). Lotame's platform enables marketers, agencies, and publishers to collect, organize, and activate first- and third-party audience data from various online and offline sources to create targeted advertising campaigns. The lawsuit accuses Lotame's platform, including its data exchange and audience enrichment services, of infringing AlmondNet's intellectual property.

The sole patent-in-suit is U.S. Patent No. 8,494,904, titled "Method and stored program for accumulating descriptive profile data along with source information for use in targeting third-party advertisements." The '904 patent, issued in 2013, claims a method for a databank to receive profile elements about an online user from various third-party sources (like different websites), store that data in a unified profile, and crucially, track which source provided each piece of data to enable compensation for its use in ad targeting. AlmondNet has asserted this patent in numerous other lawsuits against major tech companies, including Amazon, Yahoo, and Oath (now part of Yahoo).

The case (1-24-cv-00376) is assigned to Judge Maryellen Noreika in the District of Delaware, a venue known for its experienced patent judiciary and for handling a substantial portion of all U.S. patent litigation. The choice of venue is significant, as Delaware is second only to the Western District of Texas in the number of patent cases filed and is a preferred forum for many patent holders. The case's notability stems from its context within AlmondNet's broader assertion campaign, which has already proven potent with a June 2024 jury verdict awarding AlmondNet approximately $122 million in damages from Amazon in a separate case involving different ad-tech patents. This prior success, combined with AlmondNet's targeting of a key data-management player in the ad-tech ecosystem, positions the Lotame case as a significant indicator of potential future litigation and licensing pressure in the industry. As of late 2024, Lotame had filed a motion to dismiss, which is pending before the court.

Key Legal Developments in AlmondNet v. Lotame

Since its filing in March 2024, the patent infringement lawsuit brought by AlmondNet, Inc. and its affiliates against Lotame Solutions, Inc. in the District of Delaware has proceeded through the initial pleading stages. The case is part of a broader, multi-front litigation campaign by AlmondNet, which has seen both significant success and negotiated resolutions in other venues against major technology companies.

As of early May 2026, the case remains in its preliminary phase, with no major dispositive motions decided or trial dates set.

Chronological Developments:

• 2024-03-22: Complaint Filed. AlmondNet, Inc., along with subsidiaries Intent IQ, LLC and Datonics, LLC, filed a complaint for patent infringement against Lotame Solutions, Inc. The suit alleges that Lotame's data management platform infringes U.S. Patent No. 8,494,904. The complaint also initially listed four other patents, though the '904 patent is the sole patent identified in the case's existing summary. The case was assigned to Judge Maryellen Noreika.
• 2024-04-02: Defendant Served. Lotame Solutions, Inc. was formally served with the summons and complaint.
• 2024-04-10 to 2024-05-09: Stipulations to Extend Time to Answer. The parties filed two joint stipulations, which the court granted, to extend the deadline for Lotame to answer or otherwise respond to the complaint. The final deadline was set for June 6, 2024. This is a routine procedural step often taken to allow defendants adequate time to investigate the claims and prepare a response, and can sometimes be a precursor to settlement discussions or the filing of a motion to dismiss.

Broader Litigation Context:

AlmondNet has been actively asserting its extensive patent portfolio, which comprises over 170 granted patents, against numerous players in the ad-tech industry. This campaign has yielded significant results that could influence the trajectory of the Lotame case:

• Jury Verdict Against Amazon (2024-06-14): In a separate case in the Western District of Texas, a jury awarded AlmondNet a verdict of approximately $122 million, finding that Amazon's advertising platform infringed two different AlmondNet patents.
• Settlement with Amazon (2026-04-07): Following the verdict and other legal battles, AlmondNet announced a comprehensive settlement and patent license agreement with Amazon, resolving all outstanding disputes between them.
• Other Lawsuits: AlmondNet and its affiliates have also filed suits against other major tech companies, including Oracle, TikTok, and LiveIntent, asserting various patents from their portfolio, including the '904 patent in the LiveIntent case. Reports indicate that many defendants, such as Microsoft, Meta, and Samsung, have settled with AlmondNet.

Parallel PTAB Proceedings:

A search for inter partes review (IPR) proceedings before the Patent Trial and Appeal Board (PTAB) for U.S. Patent No. 8,494,904 did not reveal any petitions filed by Lotame Solutions, Inc. While other AlmondNet patents have faced PTAB challenges from other defendants like Amazon, there is currently no indication of a parallel PTAB action that would directly impact this case or lead to a motion to stay.

Current Posture and Outlook:

As of the current date (2026-05-04), the AlmondNet v. Lotame case is in the early stages of litigation. Lotame's response to the complaint, which was due in June 2024, will be the next key event. This response could be an answer to the allegations or a motion to dismiss the case on procedural or substantive grounds (such as patent ineligibility under 35 U.S.C. § 101). Given the outcomes in AlmondNet's other litigation, the parties may also be engaged in settlement discussions. The case remains active before Judge Noreika.

Plaintiff's Counsel of Record

AlmondNet has retained a combination of national and local counsel for its case against Lotame Solutions. The legal team is led by attorneys from the Los Angeles-based intellectual property boutique Russ August & Kabat, which has spearheaded AlmondNet's broader litigation campaign. They are joined by local counsel from Stamoulis & Weinblatt LLC, a firm well-versed in Delaware patent litigation.

Lead Counsel

• Reza Mirzaie (Lead Counsel)

  • Firm: Russ August & Kabat (Los Angeles, CA)
  • Note: Mirzaie was part of the trial team that secured a $122 million jury verdict for AlmondNet against Amazon in a separate case involving different ad-tech patents.

• Marc A. Fenster (Lead Counsel)

  • Firm: Russ August & Kabat (Los Angeles, CA)
  • Note: A lead trial lawyer for AlmondNet in its successful suit against Amazon, Fenster has a track record of securing nine-figure verdicts in patent cases against major tech companies.

Local Counsel

• Stamatios "Sam" Stamoulis (Local Counsel)

  • Firm: Stamoulis & Weinblatt LLC (Wilmington, DE)
  • Note: Stamoulis has over two decades of experience in Delaware intellectual property litigation and is recognized as a leading patent attorney in the district.

• Richard C. Weinblatt (Local Counsel)

  • Firm: Stamoulis & Weinblatt LLC (Wilmington, DE)
  • Note: Weinblatt focuses on patent litigation and appellate work and has successfully argued before the U.S. Court of Appeals for the Federal Circuit.

Note: The full list of "Of Counsel" from Russ August & Kabat who may have entered an appearance on the docket could not be definitively confirmed through available search results. However, attorneys from that firm have consistently represented AlmondNet in its related litigation. Filings in the public docket would contain the complete and authoritative list of all attorneys who have formally appeared.

Defendant's Counsel of Record

Lotame Solutions, Inc. has retained counsel from the national litigation firm Susman Godfrey L.L.P. for lead counsel and the Delaware-based firm Smith, Katzenstein & Jenkins LLP for local counsel. An appearance for the defendant was entered on the public docket on May 10, 2024.

Lead Counsel

• Andres C. Healy (Lead Counsel)

  • Firm: Susman Godfrey L.L.P. (Seattle, WA)
  • Note: Healy's experience includes representing defendants in high-stakes patent litigation involving complex software and technology. Susman Godfrey is a prominent national firm known for handling major intellectual property and commercial litigation for both plaintiffs and defendants.

• Russell R. O'Brien (Of Counsel)

  • Firm: Susman Godfrey L.L.P. (Houston, TX)
  • Note: O'Brien has been involved in numerous patent infringement cases and has experience representing technology companies in various federal district courts.

Local Counsel

• Neal C. Belgam (Local Counsel)

  • Firm: Smith, Katzenstein & Jenkins LLP (Wilmington, DE)
  • Note: With over 30 years of experience, Belgam frequently serves as Delaware counsel in patent cases across a range of technologies, including software and pharmaceuticals. He is recognized by Chambers USA for his expertise in Delaware IP litigation.

• Eve H. Ormerod (Local Counsel)

  • Firm: Smith, Katzenstein & Jenkins LLP (Wilmington, DE)
  • Note: Ormerod's practice focuses on intellectual property and commercial litigation in Delaware's district and state courts. Her firm is well-established in the Delaware legal community for its local litigation practice.