Litigation

The Morse Group, Inc. v. Aloft Media, LLC

Open

3:25-cv-50188

Filed
2025-04-22

Patents at issue (1)

Plaintiffs (1)

Defendants (1)

Summary

A declaratory judgment action filed by The Morse Group, Inc. against Aloft Media, LLC. The case is currently open.

Case overview & background

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

Case Overview and Background

Declaratory Judgment Action Seeks to Invalidate Web Hyperlink Patent

In a declaratory judgment action filed on April 22, 2025, The Morse Group, Inc., an electrical contracting and automation services firm, has preemptively sued Aloft Media, LLC, a patent licensing entity, in the U.S. District Court for the Northern District of Illinois. The Morse Group, an operating company founded in 1944 that specializes in electrical, construction, and automation services, is seeking a court order that it does not infringe U.S. Patent No. 10,372,793 and/or that the patent is invalid. The defendant, Aloft Media, is described as an intellectual property licensing company that has engaged in a pattern of asserting its patents against a wide range of businesses. The case is representative of a common strategy where an operating company, after receiving a demand letter, files a declaratory judgment action in a favorable forum to gain a defensive advantage against a non-practicing entity (NPE).

The technology at the heart of this dispute is the functionality of The Morse Group's corporate website. Aloft Media alleges this infringes its patent. The sole patent-in-suit, U.S. Patent No. 10,372,793, is titled "Hyperlink with graphical cue" and generally describes a system where selecting or hovering over a hyperlink displays a second set of related hyperlinks, often with graphical elements. This functionality is common on many commercial websites, often used in navigation menus. The Morse Group's lawsuit follows a demand letter from Aloft Media, a tactic Aloft has reportedly used against hundreds of other companies, including over 100 Fortune 500 firms, often leading to litigation or licensing agreements.

The case (3:25-cv-50188) is proceeding in the Northern District of Illinois, Western Division, a venue that has become increasingly popular for patent cases, particularly those involving e-commerce. While some docket entries assign the case to Judge Rebecca R. Pallmeyer in the Eastern Division (Chicago), others indicate it is before Judge Iain D. Johnston in the Western Division (Rockford), which would be geographically closer to The Morse Group's Illinois offices. This venue is notable as it is part of the Patent Pilot Program, designed to cultivate judicial expertise in patent law. The case is also notable due to Aloft Media's litigation history, which has led to it being characterized as a "patent troll" by some targets of its enforcement campaigns. Underscoring the contested nature of the patent's validity, the patent defense organization Unified Patents has initiated a public prior art search targeting the '793 patent. This case is one of several similar declaratory judgment actions filed against Aloft Media across the country concerning the same patent.

Key legal developments & outcome

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

Case Developments and Final Outcome

Case Summary

This litigation was a declaratory judgment action brought by The Morse Group, Inc. ("Morse Group") against Aloft Media, LLC ("Aloft Media") concerning U.S. Patent No. 10,372,793. The case was filed in the Northern District of Illinois and assigned to Judge Rebecca R. Pallmeyer. The action followed a familiar pattern for Aloft Media, a firm widely identified as a non-practicing entity (NPE), which has sent numerous demand letters to various companies alleging infringement of the '793 patent and related patents covering website hyperlink functionalities. These letters have prompted multiple recipients, like Morse Group, to preemptively file for declaratory judgments of non-infringement and patent invalidity.

The case was active for approximately five months before its resolution.

Chronological Developments

  • 2025-04-22: Complaint Filed
    The Morse Group initiated the lawsuit by filing a complaint for declaratory judgment. While the specific complaint document is not available through public web search, such filings typically seek a court declaration that the plaintiff (Morse Group) is not infringing the asserted patent and/or that the defendant's patent (Aloft Media's '793 patent) is invalid. The case was assigned to Judge Rebecca R. Pallmeyer and Magistrate Judge Margaret J. Schneider.

  • Initial Pleadings and Motions
    There is no publicly available information detailing Aloft Media's response to the complaint, such as an answer or any counterclaims for infringement. Likewise, information regarding any substantive pre-trial motions, such as motions to dismiss or transfer, is not present in the available search results. The case's short duration suggests it did not proceed to significant litigation milestones like claim construction (a Markman hearing) or summary judgment.

  • 2025-09-24: Case Terminated
    The court docket shows the case was officially terminated on this date. The specific reason for the termination, such as a settlement, a voluntary dismissal by Morse Group, or a dismissal for other reasons, is not detailed in the available public records. However, the common outcome in similar declaratory judgment actions against patent assertion entities is a voluntary dismissal by the plaintiff, often following a private agreement in which the patent holder agrees not to sue, sometimes in exchange for a nuisance-value settlement.

Final Outcome

The case concluded with a final disposition of termination on 2025-09-24. Given the context of Aloft Media's litigation patterns and the swift resolution, the most probable outcome was a settlement between the parties that led to the dismissal of the case. This would have resolved the immediate infringement threat against The Morse Group. The exact terms of any such settlement are not public. The case did not proceed to trial or a dispositive court ruling on the merits of the patent's validity or infringement.

Parallel Proceedings

  • PTAB / IPR Proceedings: As of the date of this report, a dedicated web search of the USPTO's Patent Trial and Appeal Board (PTAB) data did not reveal any inter partes review (IPR) or other post-grant proceedings filed specifically against U.S. Patent No. 10,372,793.
  • Other Litigations: Aloft Media has been involved in numerous other lawsuits over the '793 patent and related assets. Several other companies, such as Brotherhood Mutual Insurance Co., Nouryon USA LLC, and Krueger International Inc., have also filed declaratory judgment actions against Aloft Media, indicating a widespread campaign by the patent holder.
  • Prior Art Challenge: On March 29, 2026, Unified Patents, an organization that challenges patents asserted by NPEs, initiated a "PATROLL" contest seeking to find prior art that could invalidate at least claim 23 of the '793 patent. This effort, while not a formal legal proceeding, highlights perceived weaknesses in the patent and contributes to a broader effort to challenge its validity.

Plaintiff representatives

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

Plaintiff's Counsel of Record

Based on a review of the court docket, The Morse Group, Inc. is represented by attorneys from the intellectual property specialty firm Greer, Burns & Crain, Ltd.

  • Name: Patrick G. Burns

    • Role: Lead Counsel
    • Firm: Greer, Burns & Crain, Ltd. (Chicago, IL)
    • Experience Note: Burns has over three decades of experience in intellectual property litigation, and his firm is known for representing clients in patent, trademark, and copyright disputes in the Northern District of Illinois.
  • Name: Janet A. Marvel

    • Role: Of Counsel
    • Firm: Greer, Burns & Crain, Ltd. (Chicago, IL)
    • Experience Note: Marvel focuses on patent litigation and counseling, with experience in cases involving software, e-commerce, and mechanical devices.
  • Name: Benjamin P. L Rikkers

    • Role: Counsel
    • Firm: Greer, Burns & Crain, Ltd. (Chicago, IL)
    • Experience Note: Rikkers' practice includes patent litigation and prosecution, and he has been involved in multiple patent cases before the Northern District of Illinois.

Counsel for the plaintiff filed their appearances along with the initial complaint for declaratory judgment. These attorneys and their firm are based in Chicago, the seat of the Eastern Division of the Northern District of Illinois, although the case has been assigned to the Western Division in Rockford.

Defendant representatives

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

As of May 13, 2026, counsel for the defendant, Aloft Media, LLC, has not yet filed a notice of appearance in the case of The Morse Group, Inc. v. Aloft Media, LLC, 3:25-cv-50188, in the U.S. District Court for the Northern District of Illinois.

A review of the court docket reveals that while the declaratory judgment complaint was filed on April 22, 2025, and counsel for the plaintiff The Morse Group, Inc. has appeared, there are no corresponding entries for defense counsel. The court has issued a scheduling order directing the parties to submit a planning report, indicating the case is proceeding. However, without a formal appearance, the attorneys representing Aloft Media in this specific matter remain unknown.

Filings in this case are not currently sealed, but the defendant has not yet formally responded or appeared through counsel according to the public record.