Alpha Modus, Corp. v. EG America, LLC

Case Overview and Background

This patent infringement action pits Alpha Modus, Corp., a publicly traded "vertical AI company," against EG America, LLC, a major operator of convenience stores and gas stations. Alpha Modus, which focuses on developing and licensing AI-driven retail technologies, has recently embarked on an aggressive and wide-ranging patent enforcement campaign. The company's business model involves monetizing its intellectual property through both licensing agreements and litigation. The defendant, EG America, is the U.S. subsidiary of the U.K.-based EG Group and operates over 1,500 convenience stores under various brands, including Cumberland Farms, Turkey Hill, and Kwik Shop. This lawsuit is one of more than 20 similar actions Alpha Modus has filed against a wide array of retailers, alleging unauthorized use of its patented technologies that analyze in-store consumer behavior.

The lawsuit alleges that EG America's convenience store operations, which may include in-store analytics, customer loyalty programs, and targeted digital advertising, infringe on Alpha Modus's intellectual property. The specific patent at issue is U.S. Patent No. 12,026,731, which covers a "Method for personalized marketing and advertising of retail products." The technology generally involves using in-store monitoring devices to gather and analyze shoppers' activities and interactions with products to deliver targeted communications or promotions. Alpha Modus accuses EG America of deploying systems that mirror these patented methods for tracking customer behavior and enhancing in-store engagement without a license.

The case is filed in the U.S. District Court for the Eastern District of Texas, a venue that has historically been, and has recently resurged as, a top location for patent infringement lawsuits. The district is known for its experienced patent judges and local rules that can be favorable to plaintiffs, often leading to faster trial schedules which can pressure defendants into settling. This case is notable as part of a broader, assertive monetization strategy by Alpha Modus, a self-described "consumer-facing IP linchpin," targeting numerous major players in the retail and technology sectors. The outcome of this and parallel lawsuits could have a significant impact on how retail and convenience store chains are able to deploy increasingly common AI and data analytics technologies to understand and engage with customers in physical stores.

Key Legal Developments and Case Outcome for Alpha Modus v. EG America

As of May 7, 2026, the patent infringement lawsuit filed by Alpha Modus, Corp. against EG America, LLC remains active and ongoing in the U.S. District Court for the Eastern District of Texas. The case is part of a massive, multi-front patent enforcement campaign initiated by Alpha Modus in 2025 against dozens of companies in the retail and technology sectors.

Details regarding specific docket events like motions, claim construction, or trial dates for the EG America case are not publicly available in news sources or press releases. However, the broader context of Alpha Modus's litigation campaign provides significant insight into its strategy and the likely progression of this case.

Filing and Initial Pleadings (2025)

• Complaint (2025): Alpha Modus, Corp. filed its complaint against EG America, LLC in the Eastern District of Texas in 2025, assigned case number 2:25-cv-01026. The lawsuit alleges that EG America's in-store analytics, customer loyalty programs, and targeted advertising systems infringe on at least U.S. Patent No. 12,026,731, titled "Method for personalized marketing and advertising of retail products." This patent is one of several foundational patents Alpha Modus is asserting across its campaign, which it claims cover a range of in-store AI technologies like real-time consumer behavior analysis, sentiment detection, and inventory management.
• Answer and Counterclaims: Specific details of EG America's answer are not available in public reporting. Typically, a defendant in such a case would deny infringement, assert that the patent is invalid, and potentially file counterclaims seeking a declaratory judgment of non-infringement and/or invalidity.

Pre-Trial and Parallel Proceedings

• Pre-Trial Motions: There are no public reports of significant pre-trial motions, such as motions to dismiss, transfer, or for summary judgment, having been filed or decided in this specific case.
• Parallel PTAB Proceedings (Status Unknown): It is common for defendants in large-scale patent assertion campaigns to challenge the validity of the asserted patents at the Patent Trial and Appeal Board (PTAB) through inter partes review (IPR) petitions. An IPR is a trial-like proceeding before administrative patent judges to determine the patentability of claims based on prior art. There is no information in the search results indicating whether EG America or other defendants have filed IPR petitions against U.S. Patent No. 12,026,731. Such a filing, if successful in invalidating the patent claims, would be a major development and could lead to a stay or dismissal of the district court case.

Case Status and Likely Next Steps

The case remains active. Alpha Modus has publicly stated that its litigation campaign is a "systematic approach" and that it is "prepared to pursue it through every stage of the process." The company's CEO, William Alessi, noted in April 2026 that several of the company's earlier-filed cases are advancing toward key milestones and could reach resolution by the end of 2026, either through settlement or other outcomes.

Alpha Modus has a stated goal of converting infringers into licensees or "ecosystem partners." To date, the company has filed 24 lawsuits and has secured six early-stage settlements with other defendants, such as Brookshire Grocery Co. These settlements have been confidential but demonstrate a pattern of resolving cases before trial.

Given this context, the EG America litigation is likely in the pre-trial phase, possibly involving discovery and initial scheduling conferences. The most probable outcomes are either a confidential settlement and licensing agreement, consistent with Alpha Modus's established pattern, or continued litigation moving toward claim construction (a Markman hearing) and summary judgment motions in late 2026 or 2027. The final disposition of the case has not yet been reached.

Contradiction in Case Caption

Analyst Note: There is a significant discrepancy between the provided case caption and publicly available legal and news databases regarding case number 2:25-cv-01026. Multiple sources, including press releases from Alpha Modus, SEC filings, and docket reports on Justia, identify case 2:25-cv-01026 in the Eastern District of Texas as Alpha Modus, Corp. v. Lowe's Companies, Inc. et al. This contradicts the provided caption of Alpha Modus, Corp. v. EG America, LLC. While some patent litigation tracking sites do link the 2:25-cv-01026 number to EG America, the weight of evidence suggests the defendant in this specific case is Lowe's.

Per operating rules, this analysis will proceed assuming the provided caption is authoritative. However, it is highly probable that the counsel identified below, who are consistently representing Alpha Modus in its broad litigation campaign in this venue, are the same counsel in any action against EG America, regardless of the specific docket number.

Plaintiff's Counsel of Record

Based on their consistent appearance in the series of patent lawsuits filed by Alpha Modus in the U.S. District Court for the Eastern District of Texas, the following attorneys are the expected counsel of record for the plaintiff.

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Stamatios Stamoulis

• Role: Lead Counsel
• Firm: Stamoulis & Weinblatt LLC (Wilmington, DE)
• Note: Mr. Stamoulis has over two decades of experience in intellectual property litigation and has represented clients in numerous patent cases in the Eastern District of Texas and other key patent venues.

Richard C. Weinblatt

• Role: Lead Counsel
• Firm: Stamoulis & Weinblatt LLC (Wilmington, DE)
• Note: Mr. Weinblatt focuses on patent litigation and appeals, and successfully argued for the reversal of a Section 101 dismissal at the Federal Circuit in Visual Memory, LLC v. NVIDIA Corp.

Shawn M. Autrey

• Role: Local Counsel
• Firm: Autrey Law Group PLLC (Tyler, TX)
• Note: As a Texas-based attorney, Mr. Autrey serves as local counsel for out-of-state firms like Stamoulis & Weinblatt, fulfilling the district's requirements for local representation in patent cases. His firm frequently appears in East Texas litigation.

Counsel for Defendant Unclear Due to Case Caption Discrepancy

A significant discrepancy exists between the provided case caption and the publicly available court records for case number 2:25-cv-01026 in the U.S. District Court for the Eastern District of Texas. While the provided caption identifies the defendant as EG America, LLC, docket information for this case number consistently lists the defendants as Lowe's Companies, Inc. and Lowe's Home Centers, LLC.

As of the current date, no notice of appearance or other filings by counsel specifically on behalf of EG America, LLC have been identified in connection with case number 2:25-cv-01026. It is possible that the case number provided is incorrect, or that EG America, LLC is related to the case in a manner not reflected in the main docket caption.

Counsel of Record for Lowe's in Case 2:25-cv-01026

Assuming the case number is the authoritative identifier, the following counsel have appeared on behalf of the named defendants, Lowe's Companies, Inc. and Lowe's Home Centers, LLC.

It must be emphasized that the following counsel represents Lowe's, not EG America.

• Name: Monique B. Howery

  • Role: Pro Hac Vice Counsel
  • Firm: Riley Safer Holmes & Cancila LLP (at the time of initial appearance, likely Reed Smith LLP)
  • Office Location: Chicago, IL
  • Note on Experience: Monique Howery is a litigator with experience in complex intellectual property matters, including trademark enforcement and litigation. Her notice of appearance in this case was filed on December 16, 2025.

• Name: Keyonn Pope

  • Role: Counsel
  • Firm: Reed Smith LLP
  • Office Location: Chicago, IL
  • Note on Experience: Keyonn Pope is an intellectual property litigator with a focus on patent, trademark, and trade secret cases, and has represented major technology and retail companies. His name is associated with filings in this case, including a motion to dismiss.