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Brookshire Grocery Co. Hit With Infringement Lawsuit

Alpha Modus files complaint against regional grocer regarding retail marketing and advertising data-driven technologies
Marian Zboraj, Progressive Grocer
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Alpha Modus has filed a patent infringement lawsuit against Brookshire Grocery Co. alleging infringement of several several Alpha Modus patents.

Alpha Modus Corp., a technology company with a core focus on artificial intelligence in retail, has filed a patent infringement lawsuit against Brookshire Grocery Co., alleging infringement of several Alpha Modus patents pertaining to the company's '571 patent portfolio, ‘825 patent portfolio, ‘672 patent portfolio, ‘890 patent portfolio and ‘880 patent portfolio, which encompass retail marketing and advertising data-driven technologies to enhance consumers' in-store experience at the point of decision.

Cornelius, N.C.-based Alpha Modus’ portfolio of patents includes the capability to analyze consumer behavior and product interaction in real time, allowing businesses to dynamically adjust their marketing strategies to meet the immediate needs of consumers at pivotal purchasing decision moments. The company creates, develops and licenses these technologies. 

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Progressive Grocer reached out to Brookshire Grocery Co. for comment on the lawsuit but did not hear back at press time. 

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The complaint was filed in the U.S. District Court for the Eastern District of Texas.

On Jan. 16, Alpha Modus initiated a patent infringement action against The Kroger Co., alleging patent infringement of several Alpha Modus patents pertaining to the company’s ‘571 patent portfolio. As with its patent infringement action against Kroger, Alpha Modus has continued its engagement with Christopher E. Hanba of Dickinson Wright PLLC, a global law firm, with its action against Brookshire Grocery Co. 

Alpha Modus is party to a business combination agreement with Insight Acquisition Corp., whereby Alpha Modus plans to become a publicly traded company.  

Brookshire Grocery operates more than 200 store locations in Texas, Louisiana, Arkansas and Oklahoma under the banners of Brookshire's, Super 1 Foods, Spring Market, Fresh by Brookshire's, and Reasor’s. The company is No. 64 on the PG 100, Progressive Grocer’s 2024 list of the top food and consumables retailers in North America. PG also named the company a Top Regional Grocer

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