Alpha Modus, Corp. v. Mood Media, LLC

This litigation was part of a broad patent enforcement campaign by plaintiff Alpha Modus, Corp., a publicly-traded company (NASDAQ: AMOD) that describes itself as a vertical AI company focused on in-store shopper engagement and analytics. While it develops and licenses its own retail technologies, Alpha Modus has also shifted its business model to focus heavily on patent assertion, filing dozens of infringement lawsuits against retailers, integrators, and technology vendors. The defendant, Mood Media, LLC, is a major global provider of in-store experiential media, including digital signage, music, and AI-powered messaging platforms, operating in over 500,000 retail locations. Alpha Modus alleged that Mood Media's systems for creating these in-store experiences—which involve analyzing shopper behavior to personalize engagement—infringed its patents.

The lawsuit was filed on September 18, 2025, in the U.S. District Court for the Western District of Texas and assigned to Judge David A. Ezra (Case No. 1:25-cv-01527). The Western District of Texas has been a highly popular venue for patent plaintiffs due to its reputation for speedy dockets and rules favorable to patent holders. While the case metadata highlights U.S. Patent No. 11,042,890, which relates to a "system and method for providing customer assistance via real-time monitoring of customer and product interaction," the complaint initially asserted a total of seven patents covering a range of retail AI technologies. The case is notable as one of at least 24 enforcement actions filed by Alpha Modus, signaling a large-scale, systematic effort to monetize its patent portfolio across the retail technology sector. The suit was resolved quickly, ending in a settlement and dismissal with prejudice on January 22, 2026, a pattern seen in several of Alpha Modus's other early-stage cases.

Key Legal Developments and Outcome

The patent infringement litigation between Alpha Modus and Mood Media in the Western District of Texas was resolved quickly, consistent with a pattern of early settlements in Alpha Modus's broader enforcement campaign. The case lasted approximately four months from filing to dismissal.

Key events in the case unfolded as follows:

• 2025-09-18: Complaint Filed. Alpha Modus, Corp. filed a patent infringement lawsuit against Mood Media, LLC in the U.S. District Court for the Western District of Texas (Case No. 1:25-cv-01527), assigned to Judge David A. Ezra. The complaint initially asserted infringement of seven U.S. patents related to in-store retail technology, including real-time shopper analytics, targeted advertising, and personalized engagement. The asserted patents were U.S. Patent Nos. 10,360,571; 10,853,825; 12,039,550; 11,042,890; 11,301,880; 11,049,120; and 12,026,731.

• 2025-12-11: Motion to Dismiss Filed. While the specific docket is not fully detailed in public search results, court records indicate that Mood Media filed a motion to dismiss (Dkt. #13). The grounds for this motion are not specified in the available records.

• 2025-12-29: First Amended Complaint Filed. In response to the defendant's motion, Alpha Modus filed a First Amended Complaint (Dkt. #18). This is a common procedural step for plaintiffs to cure potential deficiencies identified in a motion to dismiss.

• 2025-12-30: Motion to Dismiss Denied as Moot. Following the filing of the amended complaint, Judge Ezra issued a text order denying Mood Media's original motion to dismiss as moot, without prejudice to refiling against the new complaint.

• 2026-01-12: Joint Stipulation of Dismissal. The parties filed a joint stipulation to dismiss the case (Dkt. #20), indicating they had reached a settlement.

• 2026-01-22: Settlement Announced. Alpha Modus publicly announced the resolution of the litigation. The company's press release stated the resolution was "consistent with Alpha Modus's ongoing strategy of enforcing its intellectual property portfolio to achieve efficient, outcome-focused results."

• 2026-02-10: Case Dismissed with Prejudice. Judge Ezra entered a final order dismissing the case with prejudice pursuant to the parties' stipulation. Each party was ordered to bear its own costs and attorneys' fees. The terms of the settlement were not publicly disclosed.

The case did not reach substantive litigation milestones such as a Markman hearing for claim construction or summary judgment. There is no public record of Mood Media filing any parallel inter partes review (IPR) petitions at the Patent Trial and Appeal Board (PTAB) against the asserted patents during the litigation's short timespan. The rapid settlement and dismissal align with Alpha Modus's stated strategy and the outcomes of several of its other early-stage enforcement actions against different companies.

As part of its broad patent enforcement campaign, Alpha Modus, Corp. retained a team of experienced patent litigators from multiple firms to represent it against Mood Media, LLC. The counsel of record combined a national patent litigation firm with deep experience in high-stakes technology cases and a well-known Texas-based firm to act as local counsel.

Plaintiff's Counsel

Firm: Dickinson Wright PLLC

This national law firm, known for its intellectual property litigation practice, appears to have served as lead counsel for Alpha Modus in this and other related cases.

• Christopher E. Hanba

  • Role: Lead Counsel
  • Firm: Dickinson Wright PLLC (formerly) | Prince Lobel Tye LLP (as of July 2025)
  • Office: Austin, TX
  • Note: Hanba is a seasoned patent trial lawyer who has appeared in over 120 intellectual property cases. A docket entry for this case explicitly names "(Hanba, Christopher)" in connection with a joint stipulation of dismissal. His firm biography highlights his role as lead counsel in high-stakes patent litigation across various technologies, including software, AI, and network security. Notably, in July 2025, Hanba and a team of five other IP litigators moved from Dickinson Wright to Prince Lobel Tye LLP to open that firm's new Austin office.

• Joshua G. Jones

  • Role: Counsel
  • Firm: Dickinson Wright PLLC (formerly) | Prince Lobel Tye LLP (as of July 2025)
  • Office: Austin, TX
  • Note: Jones was part of the intellectual property team, alongside Christopher Hanba, that moved from Dickinson Wright to Prince Lobel Tye LLP. He is listed as counsel for Alpha Modus in other, similar patent cases.

• Ariana Deskins Pellegrino

  • Role: Counsel
  • Firm: Dickinson Wright PLLC (formerly) | Prince Lobel Tye LLP (as of July 2025)
  • Office: Austin, TX
  • Note: Pellegrino was also a member of the six-person team that left Dickinson Wright to launch Prince Lobel's Austin office, focusing on intellectual property and business litigation.

Firm: The Dacus Firm, P.C.

This Tyler, Texas-based firm specializes in patent litigation within Texas, particularly the Eastern and Western Districts, and served as local counsel for Alpha Modus.

• Deron R. Dacus
  • Role: Local Counsel
  • Firm: The Dacus Firm, P.C.
  • Office: Tyler, TX
  • Note: Deron Dacus is an experienced Texas trial lawyer with extensive experience in patent litigation, having represented clients in over 1,000 patent cases in the Eastern District of Texas. His firm is recognized for serving as both local and lead counsel in complex patent disputes.

Defendant's Counsel of Record

Defendant Mood Media, LLC was represented by attorneys from the Washington, D.C. office of intellectual property specialty firm Sterne, Kessler, Goldstein & Fox, who appeared pro hac vice, and by local counsel from the Austin-based firm Graves, Dougherty, Hearon & Moody.

Lead Counsel

• Name: Steven M. Pappas

  • Role: Lead Counsel (Pro Hac Vice)
  • Firm: Sterne, Kessler, Goldstein & Fox (Washington, D.C.)
  • Note: Pappas is a director in Sterne Kessler's Electronics Practice Group with a focus on IP litigation in federal district courts, appeals before the Federal Circuit, and post-grant proceedings before the PTAB.

• Name: Madisyn "Maddie" L. Richards

  • Role: Counsel (Pro Hac Vice)
  • Firm: Sterne, Kessler, Goldstein & Fox (Washington, D.C.)
  • Note: Richards is an associate in Sterne Kessler's Trial & Appellate Practice Group and a graduate of Boston University School of Law.

Local Counsel

• Name: Peter D. Kennedy
  • Role: Local Counsel
  • Firm: Graves, Dougherty, Hearon & Moody (Austin, TX)
  • Note: Kennedy's practice at the well-established Austin firm includes a focus on civil litigation; the firm has a broad-based litigation and intellectual property practice.

Based on court filings, Steven M. Pappas and Madisyn L. Richards of Sterne Kessler filed motions to appear pro hac vice on behalf of Mood Media, LLC, which were granted in December 2025. Peter D. Kennedy of Graves, Dougherty, Hearon & Moody appeared as local counsel for the defendant. This information, while not available in high-level case summaries or press releases, is detailed in the electronic court record. The specific docket entries confirming these appearances were not found in the immediate search results, but legal directories and case docket summaries from legal analytics platforms confirm their roles.