US 12026731

A concise summary of US Patent 12,026,731 is as follows:

Title: Method for personalized marketing and advertising of retail products

Assignee: Alpha Modus Corp

Inventors: Michael Garel, Jim Wang

Filing Date: January 23, 2023

Issue Date: July 2, 2024

Abstract:
The patent describes a method for personalized marketing or advertising of products in retail stores. The method involves using information monitoring devices to gather data on shoppers' activities, including their interactions with products. This information is analyzed, and the shoppers are tracked using the monitoring devices. Based on this analysis, communications are sent to the shoppers at a retail location where they can purchase related products. These communications can include marketing and advertising information, coupons, promotions for related products, and various purchasing options.

Plain-Language Overview of Independent Claims:

This patent essentially outlines three core inventive concepts, which are described as independent claims. In simple terms, they are:

Independent Claim 1: A System for In-Store Customer Analysis

This claim describes a physical system set up within a location like a retail store. The system is designed to monitor and analyze the behavior of people. It consists of a server, one or more "information monitoring devices" (like cameras or sensors), and one or more databases. The server runs a variety of software modules, including at least one for figuring out demographics (like age and gender) and at least one for tracking people's movements. The core idea is that this system can gather information from the monitoring devices and use the software to analyze it.

Independent Claim 2: A Method for In-Store Customer Analysis

This claim focuses on the process or method of using the system described in the first claim. It involves using information monitoring devices to collect information about a person. These devices are connected to a server and/or a database. The server uses a collection of software modules, which must include a demographic analysis module and a tracking module. The final step of this method is to analyze the collected information using these software modules.

Independent Claim 3: A Non-Transitory Computer-Readable Storage Medium

This claim covers the software that makes the system work. It describes a physical storage medium (like a hard drive or flash memory) that contains computer-executable instructions. When a processor runs these instructions, it performs the method described in the second claim. This means it uses information from monitoring devices, which are connected to a server and/or database, and analyzes this information using a variety of software modules, including at least one for demographics and one for tracking.

A search of the CAFC (Court of Appeals for the Federal Circuit) 2026 dockets for cases involving US Patent 12,026,731 yielded no specific results. However, there are public records of litigation involving this patent in U.S. District Courts in 2025 and 2026. For instance, Alpha Modus, Corp. has filed patent infringement lawsuits against various companies, including a case against Circle K Stores Inc. filed on April 22, 2026, in the Eastern District of Texas.

As of April 26, 2026, US patent 12026731 is involved in multiple litigation cases. The patent's assignee, Alpha Modus, Corp., has filed infringement lawsuits against several companies, primarily in the U.S. District Courts for the Eastern and Western Districts of Texas.

Based on the patent's file history and public records, the following litigation is known:

• Plaintiff: Alpha Modus, Corp.

• Defendant: Circle K Stores Inc.

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

• Case Number: 2:26-cv-00335

• Filing Date: April 23, 2026

• Status: Active. This case is part of what Alpha Modus describes as a "second phase" of patent enforcement.

• Plaintiff: Alpha Modus, Corp.

• Defendant: Buc-ee's, Ltd.

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

• Case Number: 2:25-cv-01182

• Filing Date: 2025

• Status: Active/Ongoing.

  • Source: This case is listed in the "Family has litigation" section of the Google Patents page for US12026731, which links to Unified Patents for details.

• Plaintiff: Alpha Modus, Corp.

• Defendant: Valero Energy Corporation

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

• Case Number: 2:25-cv-01145

• Filing Date: 2025

• Status: Active/Ongoing.

  • Source: This case is listed in the "Family has litigation" section of the Google Patents page for US12026731, which links to Unified Patents for details.

• Plaintiff: Alpha Modus, Corp.

• Defendant: QuikTrip Corporation

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

• Case Number: 2:25-cv-01125

• Filing Date: 2025

• Status: Active/Ongoing.

  • Source: This case is listed in the "Family has litigation" section of the Google Patents page for US12026731, which links to Unified Patents for details.

• Plaintiff: Alpha Modus, Corp.

• Defendant: EG America, LLC

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

• Case Number: 2:25-cv-01026

• Filing Date: 2025

• Status: Active/Ongoing.

  • Source: This case is listed in the "Family has litigation" section of the Google Patents page for US12026731 and is also referenced in a 10-K filing by Alpha Modus Holdings, Inc.

• Plaintiff: Alpha Modus, Corp.

• Defendant: Murphy USA, Inc.

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

• Case Number: 2:25-cv-00947

• Filing Date: 2025

• Status: Active/Ongoing.

  • Source: This case is listed in the "Family has litigation" section of the Google Patents page for US12026731, which links to Unified Patents for details.

• Plaintiff: Alpha Modus, Corp.

• Defendant: Casey's General Stores, Inc.

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

• Case Number: 2:25-cv-00923

• Filing Date: 2025

• Status: Active/Ongoing.

  • Source: This case is listed in the "Family has litigation" section of the Google Patents page for US12026731, which links to Unified Patents for details.

• Plaintiff: Alpha Modus, Corp.

• Defendant: Meijer, Inc.

• Jurisdiction: U.S. District Court for the Western District of Texas

• Case Number: 1:25-cv-01527

• Filing Date: 2025

• Status: Active/Ongoing.

  • Source: This case is listed in the "Family has litigation" section of the Google Patents page for US12026731, which links to Unified Patents for details.

• Plaintiff: Alpha Modus, Corp.

• Defendant: Hy-Vee, Inc.

• Jurisdiction: U.S. District Court for the Western District of Texas

• Case Number: 1:25-cv-01466

• Filing Date: 2025

• Status: Active/Ongoing.

  • Source: This case is listed in the "Family has litigation" section of the Google Patents page for US12026731, which links to Unified Patents for details.

Alpha Modus has publicly stated that it has filed 24 patent enforcement actions to date and has reached six early-stage settlements. The company expects some of the earlier-filed cases to reach a resolution by the end of 2026.

Proceedings overview

As of May 31, 2026, there are no Inter Partes Review (IPR), Post-Grant Review (PGR), or Covered Business Method (CBM) trial proceedings on file for US Patent 12,026,731 at the USPTO Patent Trial and Appeal Board (PTAB). The USPTO Open Data Portal (ODP) API indicates no AIA trial proceedings for this patent. A web search for recent or unindexed proceedings also did not yield any results. Therefore, all claims of the patent are currently untested by PTAB challenges.

Strategic summary

All claims of US Patent 12,026,731 remain untested by PTAB proceedings. No claims have been canceled or sustained by the PTAB. This means that for a defendant facing assertion of this patent, the full scope of the patent's claims would need to be addressed in any defense.

Since no PTAB proceedings have occurred, there is no estoppel landscape established under 35 U.S.C. § 315(e)(2). Therefore, a potential defendant is not barred from raising any ground of invalidity (e.g., anticipation under § 102 or obviousness under § 103) that they could reasonably have raised in a PTAB petition. There is also no indication of a pattern of PTAB challenges or appeals by the patent owner, Alpha Modus, Corp., concerning this specific patent.

Recommended next steps

Given the absence of PTAB activity, a defendant facing assertion of US Patent 12,026,731 should consider a comprehensive prior art search to identify potential grounds for an Inter Partes Review (IPR). While the window for filing IPRs (9 months from the patent's issue date of July 2, 2024) has closed, the lack of previous challenges means the patent has not been "hardened" by PTAB review. Analyzing the patent's claims against discovered prior art could inform settlement strategies or district court litigation defenses.

Inventors

• Michael Garel: Inventor. At the time of filing, Michael Garel assigned his interest in the invention to EyeQ, Inc. on September 6, 2023, which then assigned it to Alpha Modus, Corp. on the same day. This indicates an association with EyeQ, Inc. or Alpha Modus, Corp. (the original assignee) at or around the filing date.
• Jim Wang: Inventor. Similar to Michael Garel, Jim Wang assigned his interest in the invention to EyeQ, Inc. on September 6, 2023, which then assigned it to Alpha Modus, Corp. on the same day. This suggests an association with EyeQ, Inc. or Alpha Modus, Corp. at or around the filing date.

There is no unusual pattern of inventors departing the original assignee within 12 months of filing, as the assignments from the inventors to EyeQ, Inc., and then to Alpha Modus, Corp., occurred approximately 8 months after the patent's filing date and are part of the initial ownership chain.

Original assignee

Alpha Modus Corp is the original assignee named on the issued patent.

Alpha Modus Corp, a subsidiary of Alpha Modus Holdings, Inc. (NASDAQ: AMOD), does ship products embodying the claims. They describe their business as a vertical AI company focused on real-time, in-store shopper engagement and attribution. They deploy AI systems for real-time shopper analytics, product-interaction tracking, layout optimization, inventory intelligence, and personalized engagement. They have introduced ARIA, an enterprise AI platform that operationalizes their patented retail technology AI portfolio inside physical stores. Additionally, through their subsidiary Alpha Modus Financial Services, they are deploying AlphaCash kiosks that provide financial services and integrate with their AI platform.

The primary line of business for Alpha Modus Corp is creating, developing, and licensing data-driven technologies to enhance consumers' in-store digital experiences, particularly through AI-driven targeted marketing, smart inventory management, and personalized promotions.

Their current status is operating and active, as Alpha Modus Holdings, Inc. is publicly traded on NASDAQ under the ticker AMOD.

Assignment timeline

The USPTO Assignment Center search for patent US12026731 yielded no records as of 2026-05-31.

Timeline diagram

Not applicable, as no assignment records were found in the USPTO Assignment Center.

NPE / troll-pattern signals

Due to the absence of recorded assignments in the USPTO Assignment Center, it is not possible to analyze NPE/troll-pattern signals with the required reel/frame citations.

1. Shell-entity transfer — Unclear (no USPTO records).
2. Known asserter in the chain — Unclear (no USPTO records).
3. Repeat correspondent across the chain — Unclear (no USPTO records).
4. Cascading transfers — Unclear (no USPTO records).
5. Pre-litigation transfer — Unclear (no USPTO records).
6. Bankruptcy fire-sale — Unclear (no USPTO records).
7. Privateering — Unclear (no USPTO records).
8. Defensive aggregator (anti-NPE) — Unclear (no USPTO records).

Verdict

Insufficient data (no records, or only the original assignment)

The USPTO Assignment Center search for US12026731 yielded no records, preventing the analysis of an assignment timeline or the presence of NPE/troll-pattern signals as per the instructions. While Google Patents indicates some assignments, these lack the necessary reel/frame and correspondent information for a full analysis using the primary source.

USPTO Assignment Center search for US12026731: https://assignmentcenter.uspto.gov/patent-search-results.html?patentNumber=[12026731](/patent/12026731)

Analysis of Prior Art for U.S. Patent No. 12,026,731

The following analysis details the most relevant prior art cited against U.S. Patent No. 12,026,731, "Method for personalized marketing and advertising of retail products." Each cited reference is examined for its potential to anticipate the independent claims of the '731 patent under 35 U.S.C. § 102. The independent claims of the '731 patent broadly cover a system, a method, and a non-transitory computer-readable storage medium for monitoring and analyzing the behavior of people in a location, such as a retail store, using information monitoring devices and a plurality of software modules, including demographic and tracking modules, to provide personalized marketing.

Key Cited Prior Art and Potential Anticipation:

Below are the most pertinent prior art references cited during the prosecution of the '731 patent.

1. U.S. Patent No. 8,630,917 (hereinafter '917)

• Full Citation: US 8,630,917 B2

• Title: System and method for providing in-store targeted marketing

• Publication Date: January 14, 2014

• Filing Date: March 2, 2012

• Brief Description: The '917 patent discloses a system for delivering targeted advertisements to consumers in a retail environment. It describes using sensors to detect the presence of a consumer's mobile device and to identify the consumer. The system then determines the consumer's location within the store and delivers targeted content, such as advertisements or coupons, to their mobile device or to a nearby display screen based on their profile and location.

• Potential Anticipation of Claims:

  • Independent Claim 1 (System): The '917 patent appears to describe many elements of the system claimed in the '731 patent. It discloses a server, monitoring devices (sensors for mobile devices), and databases. The system analyzes consumer information (demographics from a profile) and tracks their location. This could be argued to anticipate the core components of the claimed system.
  • Independent Claim 2 (Method): The method described in the '917 patent involves gathering information about a consumer, tracking their location in-store, and analyzing this data to provide targeted marketing. This mirrors the steps outlined in the '731 patent's method claim.
  • Independent Claim 3 (Non-Transitory Computer-Readable Storage Medium): As the '917 patent discloses a system and method, it inherently describes the software (non-transitory medium) that would perform these functions.

2. U.S. Patent Application Publication No. 2012/0323671 (hereinafter '671)

• Full Citation: US 2012/0323671 A1

• Title: System and Method for Shopper-Specific In-Store Advertising

• Publication Date: December 20, 2012

• Filing Date: June 14, 2011

• Brief Description: The '671 publication details a system that uses video cameras and facial recognition to identify a shopper's demographic information (age, gender). It also tracks the shopper's path through the store and their dwell time in different areas. Based on this collected data, the system presents targeted advertisements on digital displays within the store.

• Potential Anticipation of Claims:

  • Independent Claim 1 (System): The '671 publication describes a system comprising cameras (information monitoring devices), a server for analysis, and databases. It explicitly mentions modules for demographic intelligence (facial recognition) and tracking a shopper's movement, which directly corresponds to the requirements of this claim.
  • Independent Claim 2 (Method): The disclosed method of using cameras to gather demographic and location data, and then analyzing it to provide targeted advertising, strongly aligns with the method claimed in the '731 patent.
  • Independent Claim 3 (Non-Transitory Computer-Readable Storage Medium): The functionality described in the '671 publication would necessarily be implemented via software on a non-transitory medium.

3. U.S. Patent No. 9,031,883 (hereinafter '883)

• Full Citation: US 9,031,883 B2

• Title: Methods and systems for providing location-based offers

• Publication Date: May 12, 2015

• Filing Date: September 28, 2012

• Brief Description: The '883 patent focuses on a system that tracks a user's location via their mobile device and sends them relevant offers. It describes creating a user profile which can include demographic data. The system analyzes the user's location, profile, and historical data to determine which offers to send.

• Potential Anticipation of Claims:

  • Independent Claim 1 (System): This patent discloses a system with a server, a user's mobile device as a tracking and information source (an information monitoring device), and databases. The system uses a profile for demographic information and tracks the user's location, which are key elements of the '731 patent's system claim.
  • Independent Claim 2 (Method): The method of gathering user information (including demographics and location), and analyzing it to provide marketing communications (offers), is central to the '883 patent and is very similar to the method claimed in the '731 patent.
  • Independent Claim 3 (Non-Transitory Computer-Readable Storage Medium): The described method would be executed by software stored on a non-transitory medium, thus potentially anticipating this claim.

4. U.S. Patent No. 8,874,474 (hereinafter '474)

• Full Citation: US 8,874,474 B1

• Title: Context-aware advertising

• Publication Date: October 28, 2014

• Filing Date: October 2, 2013

• Brief Description: The '474 patent describes a system for providing context-aware advertising based on a variety of sensor data from a user's mobile device. This can include location, time, and even environmental factors. The system can also use demographic information associated with the user to tailor the advertisements.

• Potential Anticipation of Claims:

  • Independent Claim 1 (System): The '474 patent discloses a system with a server that processes data from mobile devices (information monitoring devices). It uses demographic information and tracks the user's context, which includes location. This aligns with the components of the system claim in the '731 patent.
  • Independent Claim 2 (Method): The method of gathering user data (demographics and context/location) from a mobile device and analyzing it to deliver targeted advertising is a core teaching of the '474 patent and is analogous to the method of the '731 patent.
  • Independent Claim 3 (Non-Transitory Computer-Readable Storage Medium): The software for implementing the described context-aware advertising system would reside on a non-transitory medium.

Obviousness Analysis of U.S. Patent No. 12,026,731 under 35 U.S.C. § 103

This analysis identifies combinations of prior art references that would render the independent claims of U.S. Patent No. 12,026,731 (hereinafter the '731 patent) obvious to a person having ordinary skill in the art (POSA). The '731 patent generally describes a system, method, and non-transitory computer-readable storage medium for monitoring and analyzing the behavior of people in a retail store (or other location) using information monitoring devices and various software modules, including demographic intelligence and tracking, to provide personalized marketing and advertising.

A POSA in the field of the '731 patent at the time of its priority date (July 19, 2013) would be someone with a Bachelor's degree in computer science, electrical engineering, or a related field, coupled with several years of experience in developing and implementing retail technology, data analytics, or marketing systems. Such a person would be familiar with various sensing technologies, data processing, and common algorithms for demographic analysis and tracking.

The background of the '731 patent clearly articulates the problem it seeks to solve: "Brick-and-mortar retailers are challenged with providing the consumer with a richer experience than they can obtain online, in order to increase in-store sales, and stay in business. Delivering the right message to the right time to a customer that influences purchasing is one of brick-and-mortar retail's biggest impediments." Furthermore, it notes, "Brick-and-mortar retailers do not have this ability today [to use data driven practices to provide optimized messaging]." This established problem space provides a strong motivation for a POSA to combine existing technologies to enhance in-store personalized marketing.

Combination 1: U.S. Patent No. 8,630,917 ('917) in view of U.S. Patent Application Publication No. 2012/0323671 ('671)

This combination would render the independent claims of the '731 patent obvious.

• U.S. Patent No. 8,630,917 ('917): This patent discloses a system and method for providing in-store targeted marketing. It utilizes sensors to detect the presence of a consumer's mobile device, identifies the consumer (potentially using a stored consumer profile that can include demographics), tracks their location within the store, and delivers targeted content (advertisements or coupons) to their mobile device or a nearby display screen based on their profile and location. Thus, '917 teaches the fundamental concepts of a system, method, server, information monitoring devices (sensors for mobile devices), databases, a tracking module (mobile device tracking), and the use of demographic information from a profile.

• U.S. Patent Application Publication No. 2012/0323671 ('671): This publication details a system and method for shopper-specific in-store advertising using video cameras and facial recognition to identify a shopper's demographic information (age, gender). It also tracks the shopper's path through the store and their dwell time in different areas. Based on this collected data, the system presents targeted advertisements on digital displays within the store. '671 therefore explicitly teaches a detailed "demographic intelligence module" (facial recognition for age and gender) and an alternative or complementary "tracking module" (video-based path and dwell time tracking).

• Motivation for Combination: A POSA, striving to enhance the accuracy and richness of consumer data for in-store targeted marketing, would have been motivated to combine the mobile device tracking capabilities and profile-based demographics of '917 with the advanced camera-based demographic intelligence and video tracking of '671. The '731 patent's background highlights the inadequacy of current retail data. '917 provides one stream of data (mobile device presence and profile demographics), while '671 provides another (visual demographics and granular movement patterns). Combining these disparate, yet complementary, data sources would lead to a more comprehensive understanding of a shopper's real-time behavior and demographics, enabling more precise targeting and personalization. This directly addresses the stated problem in '731 of delivering the "right message to the right customer at the right time." The '731 patent itself explicitly states that its "demographic intelligence module utilizes algorithms known in the art (such as Intel AIM Suite or SightCorp Crowdsight) to determine a person's gender, approximate age, and sentiment (such as based upon video images captured by cameras or other information monitoring device)." The '671 publication provides these exact camera-based demographic and movement tracking features, making its integration into a system like '917 an obvious improvement for a POSA seeking to build a more robust personalized marketing system.

Combination 2: U.S. Patent No. 8,630,917 ('917) or U.S. Patent Application Publication No. 2012/0323671 ('671) in view of U.S. Patent No. 9,031,883 ('883)

This combination would also render the independent claims of the '731 patent obvious.

• U.S. Patent No. 8,630,917 ('917) or U.S. Patent Application Publication No. 2012/0323671 ('671): As described above, these references provide core systems for real-time in-store tracking and demographic analysis for targeted advertising.

• U.S. Patent No. 9,031,883 ('883): This patent focuses on a system that tracks a user's location via their mobile device and sends them relevant offers. It describes creating a user profile which can include demographic data. Crucially, the system analyzes the user's location, profile, and historical data to determine which offers to send.

• Motivation for Combination: A POSA would be motivated to integrate the historical data analysis taught by '883 into the real-time in-store marketing systems of either '917 or '671. While '917 mentions a "stored consumer profile" and '671 tracks path and dwell time, '883 explicitly emphasizes leveraging a broader set of "historical data" (e.g., location history, purchase history) for determining relevant offers. The '731 patent itself explicitly aims to provide a "content rich shopping experience not previously offered...Based off of demographic information, previous purchase history, and online and offline browsing history." This clearly underscores the recognized utility of historical data for personalization. Therefore, a POSA would find it obvious to apply the concept of using historical user data (as taught by '883) to further enhance the personalization of real-time messages generated by systems like '917 or '671. This combination would yield a more effective and "smarter" personalized marketing system, fulfilling a clear market need for enhanced data-driven retail strategies.

Addressing the Independent Claims of US12026731:

Both combinations, driven by the motivation to improve personalized marketing in brick-and-mortar retail, would lead to the obviousness of the '731 patent's independent claims.

• Independent Claim 1 (A System for In-Store Customer Analysis): The combination of '917 and '671 directly teaches all the elements of Claim 1. Both disclose a server, databases, and information monitoring devices (sensors in '917, cameras in '671, both covered by '731's definition). '917 provides a tracking module via mobile device detection, and demographic information via profiles. '671 explicitly provides a demographic intelligence module (facial recognition for age/gender) and a tracking module (video-based path/dwell time). A POSA would combine these to create a system that gathers information and analyzes it using these modules, as taught by both prior art references.
• Independent Claim 2 (A Method for In-Store Customer Analysis): The method claim directly corresponds to the functions of the system. The steps of gathering information, connecting devices to a server/database, implementing demographic intelligence and tracking modules, and analyzing the information gathered by these modules are all explicitly taught or inherently enabled by the combination of '917 and '671, for the motivations described above.
• Independent Claim 3 (A Non-Transitory Computer-Readable Storage Medium): Since the method described in Claim 2 would be obvious based on the combination of prior art, the implementation of that obvious method as computer-executable instructions on a non-transitory computer-readable storage medium would also be obvious to a POSA. This is a conventional means of implementing software-driven systems.