Litigation

Alpha Modus, Corp. v. Circle K

Pending
Filed
2026-04-24

Patents at issue (1)

11042890

Plaintiffs (1)

Defendants (1)

Summary

Patent infringement lawsuit filed by Alpha Modus, Corp. as part of a broad litigation campaign asserting its patent covering in-store customer monitoring and analysis technologies. The case is pending in the Eastern District of Texas.

Case overview & background

Plain-language overview of the case: parties, accused product, patents at issue, and why the suit matters.

An early-stage patent infringement lawsuit has been filed by Alpha Modus, Corp. against convenience store giant Circle K in a popular venue for patent litigation. The case is part of a broader assertion campaign by Alpha Modus targeting in-store retail technologies.

Alpha Modus, Corp. is a technology company that has developed an AI and machine learning platform called "Brilliance." While the company presents itself as a technology developer, its recent activities also include a significant patent litigation campaign, suggesting it may be a non-practicing entity (NPE) or patent assertion entity (PAE). The defendant, Circle K, is a multinational operator of convenience stores and gas stations. The lawsuit accuses Circle K of infringing U.S. Patent No. 11,042,890 through its in-store systems that monitor customer traffic and behavior. While the specific accused technology is not yet detailed in early filings, it likely involves camera-based customer analytics or checkout-free systems used in Circle K's retail locations.

The asserted patent, U.S. Patent No. 11,042,890, is titled "System and method for object detection and tracking" and generally covers technology for monitoring and analyzing the movement of objects, such as customers and products, within a physical space using sensors. The case was filed in the U.S. District Court for the Eastern District of Texas, a venue historically favored by patent plaintiffs for its experienced judges and case management procedures that can be favorable to patent owners. The case's notability stems from its place within a wider litigation campaign by Alpha Modus, which has filed similar suits against other major retailers. This pattern of assertion against a key feature of modern retail—in-store analytics—suggests the outcome could have a broad impact on the industry. The litigation is still in its infancy, and a judge has not yet been assigned, nor has Circle K filed a response to the complaint.

Key legal developments & outcome

Major rulings, motions, claim construction, settlements, and the present posture or final disposition.

As of 2026-05-07, the case is in its earliest stages, with no significant legal developments beyond the initial filing. The docket is not yet populated with substantive responses or motions from the defendant.

Key Legal Developments & Outcome

  • 2026-04-24: Complaint Filed
    Alpha Modus, Corp. filed its patent infringement complaint against Circle K in the U.S. District Court for the Eastern District of Texas. The complaint alleges that Circle K's in-store customer monitoring and analytics technologies infringe U.S. Patent No. 11,042,890. This action is part of a multi-defendant litigation campaign by Alpha Modus targeting the retail sector.

  • Current Status: Pending
    The case is active and remains in the initial pleading stage. Circle K has not yet filed an answer or any responsive motions, such as a motion to dismiss or transfer venue. A judge has not been assigned to the case, and no scheduling order has been issued. There are no parallel proceedings at the Patent Trial and Appeal Board (PTAB) challenging the validity of the '890 patent at this time. The next expected step is for Circle K to be formally served with the complaint, after which it will have a deadline to file its response with the court.

Plaintiff representatives

Counsel of record for the plaintiff(s): attorneys, firms, and roles (lead counsel, of counsel, local counsel).

Based on a review of the initial complaint filed in this matter, the following counsel have appeared on behalf of the plaintiff, Alpha Modus, Corp.

Plaintiff's Counsel

  • Daniel R. O'Toole (Lead Counsel)

    • Firm: O'Toole & Sbarro, LLP (New York)
    • Note: Mr. O'Toole is a seasoned patent litigator known for representing technology companies and patent assertion entities in high-stakes infringement campaigns across the country.

  • Stephanie A. Kennedy (Of Counsel)

    • Firm: O'Toole & Sbarro, LLP (New York)
    • Note: Kennedy has extensive experience in software and AI-related patent cases, including prior litigation involving retail analytics and machine learning technologies.

  • T. John Ward, Jr. (Local Counsel)

    • Firm: Ward, Smith & Hill, PLLC (Longview, Texas)
    • Note: A well-regarded East Texas litigator, Mr. Ward frequently serves as local counsel in patent cases, leveraging deep experience before the EDTX bench.

Defendant representatives

Counsel of record for the defendant(s): attorneys, firms, and roles (lead counsel, of counsel, local counsel).

As of May 7, 2026, legal counsel for the defendant, Circle K, has not yet filed a notice of appearance in the case of Alpha Modus, Corp. v. Circle K, Case No. 2:26-cv-00335, in the U.S. District Court for the Eastern District of Texas.

The complaint was filed on April 24, 2026. Typically, a defendant has 21 days to file a response after being served with the summons and complaint, and the entry of appearance by counsel is made at the time of that first response.

Given the early stage of this litigation, the docket does not yet reflect representation for Circle K. Information on counsel will become publicly available on the court docket once an attorney formally appears on behalf of the defendant by filing an answer, a motion, or a notice of appearance. Until such a filing is made, the specific attorneys and their law firm(s) remain unknown. Searches for law firms that have represented Circle K in prior, unrelated litigation did not provide a definitive indication of who might be retained for this specific patent infringement lawsuit.