Alpha Modus v. Brookshire Grocery: Digital Display Patent Case Ends in Settlement
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📋 Case Summary
| Case Name | Alpha Modus, Corp. v. Brookshire Grocery Co. |
| Case Number | 2:24-cv-00919 |
| Court | Eastern District of Texas |
| Duration | Nov 2024 – Mar 2026 482 days (1 year, 4 months) |
| Outcome | Dismissed with Prejudice (Settlement) |
| Patents at Issue | |
| Accused Products | Grocery TV Digital Display Platform deployed within Brookshire Grocery stores |
Case Overview
The Parties
⚖️ Plaintiff
A patent assertion entity with an IP portfolio focused on consumer-facing digital display systems, audience engagement technology, and retail analytics.
🛡️ Defendant
A privately held regional supermarket chain operating hundreds of retail grocery locations across the Southern United States.
Patents at Issue
This lawsuit involved five U.S. patents asserted by Alpha Modus, all related to intelligent, audience-responsive digital signage systems and consumer engagement in retail environments. These patents cover technologies such as targeting logic, display management, and consumer interaction frameworks relevant to in-store retail environments.
- • US11042890B2 — Digital display and consumer engagement systems
- • US11301880B2 — Methods for managing digital display advertising
- • US10977672B2 — Context-aware digital advertising platforms
- • US10360571B2 — Systems for targeted content delivery
- • US10853825B2 — Audience-responsive digital display technology
Deploying a similar digital display product?
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The Verdict & Legal Analysis
Outcome
On March 9, 2026, the court accepted a Joint Stipulation of Dismissal with Prejudice (Dkt. No. 34), filed jointly by Alpha Modus and Brookshire Grocery. This outcome typically signals a confidential settlement agreement between the parties, with each party bearing its own costs, expenses, and attorneys’ fees.
Key Legal Issues
This case highlights Alpha Modus’s continued patent assertion campaign across the retail technology sector. The assertion of five patents simultaneously against a single defendant, Brookshire Grocery, strengthens the plaintiff’s leverage in licensing negotiations. For companies utilizing third-party digital display platforms like Grocery TV, this case underscores the importance of conducting thorough Freedom-to-Operate (FTO) analysis and securing robust vendor indemnification clauses.
Freedom to Operate (FTO) Analysis
This case highlights critical IP risks in digital signage and in-store media. Choose your next step:
📋 Understand This Case’s Impact
Learn about the specific risks and implications from this litigation.
- View all 5 related patents in this technology space
- See which companies are most active in digital signage patents
- Understand claim construction patterns
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High Risk Area
Intelligent, audience-responsive digital signage
5 Related Patents
In digital display technology space
Design-Around Options
Available for similar claims
✅ Key Takeaways
Dismissal with prejudice and mutual cost-bearing strongly indicates a private settlement; financial terms were not publicly disclosed.
Search related case law →Alpha Modus’s five-patent assertion against a single retail operator reflects an aggressive NPE portfolio strategy common in digital signage litigation.
Explore NPE strategies →Frequently Asked Questions
Alpha Modus asserted five U.S. patents: US11042890B2, US11301880B2, US10977672B2, US10360571B2, and US10853825B2 — all related to digital display and consumer engagement technologies.
The parties filed a Joint Stipulation of Dismissal with Prejudice (Dkt. No. 34), indicating a private resolution. The court accepted the stipulation on March 9, 2026; each party bore its own legal costs. The ‘with prejudice’ designation means Alpha Modus cannot re-file the same claims against Brookshire on the same patents.
It reinforces the pattern of patent assertion entity (NPE) claims against retail operators deploying third-party digital display platforms and underscores the importance of Freedom-to-Operate (FTO) analysis and strong vendor indemnification for companies in this space. For R&D teams, it highlights the need for due diligence when integrating third-party retail tech.
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References
- PACER – Case 2:24-cv-00919, E.D. Texas
- U.S. Patent and Trademark Office — Patent Full-Text Database
- Eastern District of Texas Court Website
- World Intellectual Property Organization — Industrial Design Protection
- PatSnap — IP Intelligence Solutions for Law Firms
This article is for informational purposes only and does not constitute legal advice. All case information is drawn from publicly available court records. For platform capabilities, visit PatSnap.