Alpha Modus Corp. v. V-Count

Case Overview and Background

Correction Note: Case number 2:24-cv-00919, initially captioned Alpha Modus Corp. v. V-Count, is officially captioned Alpha Modus Corp. v. Brookshire Grocery Co. This analysis proceeds with the correct parties associated with the docket. The case was filed on November 12, 2024, not September 25, 2024, and was terminated via a joint stipulated dismissal with prejudice on March 9, 2026, indicating a likely settlement.

This litigation represents one front in a broad, systematic patent enforcement campaign by Alpha Modus Corp. against the retail technology sector. The plaintiff, Alpha Modus (NASDAQ: AMOD), is a publicly-traded company that has transitioned from a retail-tech operator into a patent assertion entity focused on monetizing its portfolio of AI and in-store analytics patents. The defendant, Brookshire Grocery Co., is a privately-held regional supermarket chain. Alpha Modus alleged that Brookshire's use of the "Grocery TV" digital in-store advertising platform infringed on its intellectual property. The suit asserted five patents, including U.S. Patent No. 11,301,880, which is titled "Method and System for Presenting Targeted Content on a Display Screen" and generally covers systems for using sensor data to select and display targeted advertisements in a retail environment.

The case was filed in the U.S. District Court for the Eastern District of Texas and assigned to Judge J. Rodney Gilstrap, statistically the busiest patent judge in the United States. This venue is historically favored by patent plaintiffs due to its experienced judiciary, specialized local patent rules, and a reputation for relatively quick trial schedules, factors that have recently helped it reclaim its status as the nation's top district for patent litigation. The case is notable not as a standalone dispute but as a key data point in Alpha Modus's large-scale litigation strategy. The company has filed dozens of similar suits against major retailers and technology vendors, asserting that its patents cover foundational aspects of modern retail, such as real-time consumer behavior analysis, AI-driven personalization, and intelligent digital displays. The resolution of this case via dismissal suggests Alpha Modus is successfully securing licensing revenue through its enforcement actions, a pattern that puts the entire retail analytics and in-store media industry on notice.

An analysis of the litigation surrounding Alpha Modus Corp. v. V-Count, Case No. 2:24-cv-00919, reveals a discrepancy between the case metadata provided and publicly available records. While the case remains active on paper as of May 2026, docket information and news coverage indicate that the case number 2:24-cv-00919 corresponds to a lawsuit filed by Alpha Modus Corp. against a different defendant, Brookshire Grocery Co. The litigation involving V-Count appears to be a separate matter with a different case number and filing date.

This report will first address the known details of the case associated with 2:24-cv-00919 and then outline the details of the separate litigation initiated by Alpha Modus against V-Count.

*Analysis of Case No. 2:24-cv-00919 (Alpha Modus Corp. v. Brookshire Grocery Co.)*

Contrary to the provided caption, Case No. 2:24-cv-00919, filed in the Eastern District of Texas, identifies the defendant as Brookshire Grocery Co., not V-Count. This case was ultimately resolved and dismissed.

• 2024-11-12: Filing and Initial Pleadings
  Alpha Modus Corp. filed a patent infringement complaint against Brookshire Grocery Co. The lawsuit asserted five U.S. patents related to digital advertising and retail display systems, alleging that Brookshire's use of Grocery TV-powered digital displays infringed on Alpha Modus's intellectual property. The patents covered technologies for real-time consumer behavior analysis, digital advertising, and AI-driven in-store engagement.

• 2026-03-06: Settlement and Dismissal
  Approximately 15 months after it was filed, the litigation was resolved. On March 6, 2026, Alpha Modus announced that it had settled the lawsuit with Brookshire Grocery Co. The parties jointly stipulated to a dismissal of the case with prejudice, meaning Alpha Modus cannot refile the same claims against Brookshire. Each party agreed to bear its own costs and attorney fees. The court formally closed the case on March 9, 2026. The settlement occurred before any substantive rulings on claim construction (Markman) or other dispositive motions.

*Analysis of Litigation Against V-Count (Alpha Modus Corp. v. V-Count Global Holding Ltd.)*

Alpha Modus separately initiated a lawsuit against V-Count, but this action has a different case number and a later filing date than specified in the prompt.

• Case Number: 2:25-cv-01145

• Court: U.S. District Court for the Eastern District of Texas

• Filed: 2025-11-21

• 2025-11-24: Lawsuit Announcement and Allegations
  Alpha Modus issued a press release announcing the patent infringement lawsuit against V-Count Global Holding Ltd. The complaint alleges that V-Count's analytics modules—which include demographic analysis, heat-mapping, and behavior tracking—infringe upon a number of Alpha Modus patents. The patents asserted include the one at issue, U.S. Patent No. 11,301,880, titled "Method and System for Customer Assistance in a Retail Store." This lawsuit is part of a broader, aggressive enforcement campaign by Alpha Modus, which has filed nearly two dozen lawsuits against various companies in the retail technology space. As of early 2026, this case appears to be in its initial stages, with no significant rulings or publicly announced settlements. The case is assigned to Judge Rodney Gilstrap.

Parallel PTAB Proceedings for U.S. Patent No. 11,301,880

As of May 8, 2026, a search of the U.S. Patent and Trademark Office's Patent Trial and Appeal Board (PTAB) records reveals no Inter Partes Review (IPR) or Post-Grant Review (PGR) proceedings filed against U.S. Patent No. 11,301,880. The patent therefore remains presumptively valid and has not been challenged at the PTAB by V-Count or any other party. This absence of a PTAB challenge means there has been no parallel proceeding that could have resulted in a stay of the district court litigation against V-Count or other defendants.

Note on Case Status and Caption: Public docket information indicates the case name for 2:24-cv-00919 is Alpha Modus, Corp. v. Brookshire Grocery Co., not V-Count. Furthermore, records show this case was terminated on March 9, 2026, following a joint stipulation of dismissal, which contradicts the "Active" status in the provided metadata. The counsel information below is based on appearances made in the Brookshire Grocery Co. case under this docket number.

Counsel for Plaintiff Alpha Modus Corp.

Plaintiff Alpha Modus Corp. is represented by attorneys from Prince Lobel Tye LLP and Haltom & Doan. Several of the primary attorneys moved from Dickinson Wright PLLC to help launch Prince Lobel's Austin office in July 2025.

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Lead Counsel

• Name: Christopher E. Hanba

• Role: Lead Counsel

• Firm: Prince Lobel Tye LLP (formerly Dickinson Wright PLLC)

• Office Location: Austin, TX

• Note: Hanba is a seasoned patent trial lawyer whose firm biography explicitly lists his representation of Alpha Modus and a $10.5 million jury verdict for another client in a willful infringement case in the Eastern District of Texas.

• Name: Joshua Gabriel Jones

• Role: Lead Counsel

• Firm: Prince Lobel Tye LLP (formerly Dickinson Wright PLLC)

• Office Location: Austin, TX

• Note: An experienced intellectual property litigator, Jones moved with a team to establish Prince Lobel's Austin office, focusing on patent, trademark, and copyright litigation.

• Name: Ariana Deskins Pellegrino

• Role: Of Counsel

• Firm: Prince Lobel Tye LLP (formerly Dickinson Wright PLLC)

• Office Location: Austin, TX

• Note: Pellegrino is a trial attorney focused on patent rights who has secured a $10.5 million jury verdict for willful patent infringement in the Eastern District of Texas for a semiconductor client.

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Local Counsel

• Name: Joshua Reed Thane
• Role: Local Counsel
• Firm: Haltom & Doan
• Office Location: Texarkana, TX
• Note: A partner at a well-regarded Texas trial boutique, Thane has over 15 years of experience in complex litigation, including patent infringement, in Texas and Arkansas courts.

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Other Counsel

• Name: Jordan Elizabeth Garsson
• Role: Associate Attorney (presumed)
• Firm: Dickinson Wright PLLC
• Office Location: Austin, TX
• Note: Licensed in late 2022, Garsson was recognized in 2025 as a Texas "Rising Star" for intellectual property while at Dickinson Wright. It is unclear if she moved to Prince Lobel with the senior attorneys.

Counsel for Defendant V-Count

Note on Case Identification: The case information provided in the prompt contains a mismatch. The case number, 2:24-cv-00919, corresponds to a settled patent infringement lawsuit, Alpha Modus, Corp. v. Brookshire Grocery Co., in the U.S. District Court for the Eastern District of Texas.

However, Alpha Modus did file a patent infringement suit against V-Count in the same court. Public records, including press releases and SEC filings from the plaintiff, identify the correct case as Alpha Modus, Corp. v. V-Count Global Holding, Ltd., No. 2:25-cv-01145. This action was filed on November 21, 2025, and asserts infringement of several patents related to in-store retail analytics technology, including U.S. Patent No. 11,301,880.

As of May 8, 2026, counsel for the defendant V-Count has not been identified in publicly available dockets or legal news reporting accessible via web search. While an appearance has likely been made in the six months since the case was filed, the specific attorneys and their firms are not yet reflected in these public sources. Information regarding counsel may be under seal or not yet propagated to public-facing legal data aggregators.