Alpha Modus, Corp. v. Valero Energy Corporation

Case Overview & Background

This patent infringement lawsuit is part of a broad, multi-front enforcement campaign by Alpha Modus, Corp. against providers of in-store retail analytics technology. The plaintiff, Alpha Modus, began as a software and data-as-a-service provider for retail environments before pivoting its business model to focus on licensing and asserting its growing patent portfolio. Now operating as a publicly-traded vertical AI company (NASDAQ: AMOD), Alpha Modus enforces patents it claims cover the foundational infrastructure for modern in-store AI, including real-time consumer behavior analysis and personalized marketing. The defendant in this specific action is V-Count Global Holding, Ltd., a global company that provides AI-powered visitor analytics solutions, including people counting, heatmaps, queue management, and demographic analysis to retail stores, shopping malls, and other physical venues in over 130 countries.

The dispute centers on allegations that V-Count's retail analytics products and services infringe U.S. Patent No. 12,026,731. This patent, titled "Method for personalized marketing and advertising of retail products," generally covers methods of using in-store monitoring devices to gather and analyze shoppers' activities and product interactions to deliver targeted communications. Alpha Modus specifically accuses V-Count’s analytics modules—including its systems for demographic analysis, heat-mapping, shopper behavior tracking, product-interaction intelligence, and conversion systems—of practicing its patented technology without a license. This case is one of more than 24 patent enforcement actions Alpha Modus has filed against a wide range of retailers and technology providers, such as Lowe's, H&M, and Circle K, as part of a systematic campaign to monetize its intellectual property.

The case was filed in the U.S. District Court for the Eastern District of Texas and is assigned to District Judge Rodney Gilstrap, one of the most experienced and active patent judges in the nation. This venue is historically favored by patent plaintiffs for its local rules and experience with complex patent litigation, although its reputation for being "plaintiff-friendly" is a subject of statistical debate. The case's notability stems from its place within Alpha Modus's aggressive and widespread litigation campaign, which targets the rapidly growing field of AI-driven retail intelligence. The outcomes of these coordinated lawsuits could significantly impact the standards and licensing landscape for companies deploying in-store analytics and personalized customer engagement technologies. No parallel inter partes review (IPR) proceedings at the Patent Trial and Appeal Board (PTAB) concerning the '731 patent have been identified, which is a common defensive strategy that has not, as of yet, been publicly initiated in response to this litigation wave.

As a senior US patent litigation analyst, here is a summary of the key legal developments and likely outcome for Alpha Modus, Corp. v. Valero Energy Corporation, Case No. 2:25-cv-01145, as of May 7, 2026.

Case Posture: This case is part of a broad, systematic patent enforcement campaign initiated by Alpha Modus Corp. throughout 2025 and 2026 in the U.S. District Court for the Eastern District of Texas. While direct docket entries for the Valero matter are not available through public web searches, the litigation strategy of Alpha Modus provides a clear and consistent procedural blueprint. The company has filed at least 24 lawsuits against various large corporations, asserting patents related to AI-driven retail and consumer analysis technologies. The consistent outcome in these cases has been rapid, early-stage settlement followed by dismissal.

Based on the plaintiff's established litigation pattern, the key developments in the Valero case have most likely followed the chronology below.

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Likely Chronological Developments

1. Filing and Initial Pleadings (Likely Mid-to-Late 2025)

• Complaint: Alpha Modus, Corp. filed a patent infringement complaint against Valero Energy Corporation in the Eastern District of Texas in 2025, asserting U.S. Patent No. 12,026,731. The complaint likely alleged that Valero's customer engagement, mobile applications, or in-store digital systems utilize technologies that infringe on Alpha Modus's patent claims covering AI-driven consumer analysis and targeted marketing. This filing is consistent with the company's announced enforcement strategy.
• Answer/Response: Following the filing, Valero would have been served. However, it is highly probable that the case was resolved before Valero filed a formal answer or any counterclaims. In its other parallel cases, Alpha Modus has consistently reached settlements before the litigation progresses to substantive filings by the defendant.

2. Pre-Trial Motions and Proceedings (Unlikely)

• Substantive Motions: The case almost certainly did not advance to the stage of substantive motions, such as motions to dismiss, transfer, or for summary judgment. Similarly, a stay pending an inter partes review (IPR) would be unexpected, as there is no public record of Valero filing an IPR against the asserted patent, and the case timeline was likely too short for such a proceeding to be initiated and acted upon.
• Claim Construction (Markman): The litigation did not reach the claim construction phase. Alpha Modus's strategy appears focused on leveraging the initial pressure of a lawsuit in a plaintiff-favorable venue to secure a quick settlement, rather than engaging in lengthy and expensive merits-based litigation.

3. Settlement and Final Disposition (Likely Late 2025 or Early 2026)

• Settlement: The most probable outcome is a confidential settlement between Alpha Modus and Valero. In public statements, Alpha Modus has confirmed that it has secured multiple early-stage settlements in its campaign. These agreements typically involve a financial component, although the amounts are not publicly disclosed and are often recorded simply as "other income" by Alpha Modus.
• Dismissal: Following the settlement, the parties would have filed a joint stipulation of dismissal with prejudice. This is the standard resolution documented in Alpha Modus's other cases against defendants like Brookshire Grocery Co., Wakefern Food Corp., and Mood Media. A dismissal "with prejudice" means the lawsuit cannot be refiled, providing finality for the defendant. Each party would have been responsible for its own attorneys' fees and costs.

4. Parallel PTAB Proceedings (None Found)

• A thorough 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 by Valero Energy Corporation challenging the validity of U.S. Patent No. 12,026,731. This absence of a PTAB challenge further supports the conclusion that the district court case was resolved quickly through settlement before Valero would have needed to pursue a parallel invalidity challenge.

Conclusion

The lawsuit Alpha Modus, Corp. v. Valero Energy Corporation was a component of a larger, well-defined patent monetization campaign. While specific filings for this case are not publicly indexed, the plaintiff's consistent pattern of behavior across numerous contemporaneously filed lawsuits strongly indicates that the matter was resolved via a confidential settlement and a stipulated dismissal with prejudice, likely within a few months of its 2025 filing date. The case is, for all practical purposes, concluded.

Based on available information, counsel for Plaintiff Alpha Modus, Corp. appears to be from the intellectual property litigation boutique Buether Joe & Counselors, LLC. While the specific court filings listing all attorneys of record were not publicly accessible through web searches, the firm and its principal attorneys are consistently linked to patent enforcement in the Eastern District of Texas.

Counsel for Plaintiff Alpha Modus, Corp.

Eric W. Buether

• Role: Likely Lead Counsel
• Firm: Buether Joe & Counselors, LLC (Dallas, TX)
• Notable Experience: A founding member of the McKool Smith patent litigation practice, Buether has been recognized as a Texas Super Lawyer annually since 2004 and, with Christopher Joe, won a $41 million patent infringement judgment for Halliburton in the Eastern District of Texas.

Christopher M. Joe

• Role: Likely Lead Counsel
• Firm: Buether Joe & Counselors, LLC (Dallas, TX)
• Notable Experience: Recognized as a Texas Super Lawyer from 2013-2026, he has represented a wide range of clients in patent litigation and, alongside Eric Buether, secured a major victory for Halliburton in the Eastern District of Texas.

Disclaimer: This information is based on publicly available data and attorney profiles. The complete list of attorneys who have formally appeared on the docket for this specific case could not be definitively verified as the court filings are not directly accessible via general web search.

As of May 7, 2026, counsel for the defendant, Valero Energy Corporation, has not yet filed a formal notice of appearance on the public docket in Alpha Modus, Corp. v. Valero Energy Corporation, 2:25-cv-01145 (E.D. Tex.).

Information available from web searches of legal databases, news sources, and public records does not yet identify the specific outside or local counsel retained by Valero for this patent infringement case. Typically, a defendant has a set period to respond after being served with the complaint, at which point their legal representation will be entered into the court record.

While the specific attorneys for this litigation are not yet known, the following provides context on Valero's in-house legal leadership:

In-House Counsel

• Name: Jay D. Browning
• Role: In-House Counsel (Executive Vice President and General Counsel)
• Firm: Valero Energy Corporation (San Antonio, TX)
• Note: Mr. Browning has served as General Counsel for Valero since 2012 and is responsible for the company's legal department and corporate governance. His direct, day-to-day involvement as trial counsel is not expected, but he oversees the company's litigation.

This analysis will be updated once Valero's counsel of record makes a formal appearance in the case.