Alpha Modus Corp v. MNTN Inc

I. Executive Summary and Procedural Information

• Parties & Counsel:
  • Plaintiff: Alpha Modus, Corp. (Florida)
  • Defendant: MNTN, Inc. (Texas)
  • Plaintiff's Counsel: Prince Lobel Tye LLP
• Case Identification: 1:25-cv-01466, W.D. Tex., 12/31/2025
• Venue Allegations: Venue is alleged to be proper in the Western District of Texas because Defendant maintains a regular and established place of business in the district and has allegedly committed acts of patent infringement there.
• Core Dispute: Plaintiff alleges that Defendant's Connected TV (CTV) advertising technology infringes three patents related to the real-time monitoring and analysis of consumer behavior to deliver personalized marketing.
• Technical Context: The technology relates to the field of retail and advertising analytics, specifically using sensor data to understand and influence consumer behavior at or near the point of interaction.
• Key Procedural History: The asserted patents are part of a continuation family, with the '571' Patent being the ultimate parent. The complaint notes that Plaintiff has previously entered into intellectual property licensing agreements outside of litigation. It also preemptively argues the patent eligibility of the asserted claims under 35 U.S.C. § 101, suggesting an anticipation of such a defense.

Case Timeline

Date	Event
2013-07-19	Priority Date for '571, '890', and '731' Patents
2019-07-23	'571 Patent Issued
2021-06-22	'890 Patent Issued
2024-07-02	'731 Patent Issued
2025-12-31	First Amended Complaint Filed

II. Technology and Patent(s)-in-Suit Analysis

U.S. Patent No. 10,360,571 - "Method For Monitoring And Analyzing Behavior And Uses Thereof"

• Patent Identification: U.S. Patent No. 10,360,571 ("Method For Monitoring And Analyzing Behavior And Uses Thereof"), issued July 23, 2019.

The Invention Explained

• Problem Addressed: The patent's background describes the challenge brick-and-mortar retailers face in competing with online stores, specifically the lack of real-time consumer data to counter trends like "showrooming" (where shoppers inspect products in-store but purchase them online) Compl. ¶¶19-20
• The Patented Solution: The invention proposes a method for monitoring and analyzing consumer behavior in a physical location in real-time Compl. ¶18 It uses "information monitoring devices," such as video cameras, to gather data on shoppers, including demographic characteristics (age, gender), sentiment (emotional state), and tracking information (movement) Compl. ¶21 This data is then analyzed to provide real-time responses, such as targeted marketing or personalized coupons, to enhance the shopping experience and influence purchasing decisions Compl. ¶20 '571 Patent, abstract The system architecture, as depicted in the patent's Figure 1, involves in-store devices communicating with a central server or cloud-based system '571 Patent, Fig. 1
• Technical Importance: The technology aimed to provide physical retailers with data-driven personalization capabilities analogous to those used by e-commerce platforms, thereby enabling them to influence consumer decisions at the point of purchase Compl. ¶20

Key Claims at a Glance

• The complaint asserts infringement of at least Claim 1 Compl. ¶93
• The essential elements of independent Claim 1 include:
  • Using one or more information monitoring devices (including video image devices) to gather information about persons in a group at a location.
  • Gathering specific characteristics: demographic (gender, age), sentiment, and tracking (movement, eye movement).
  • Providing an opt-out option to the persons.
  • Analyzing the gathered information in real time, excluding data from opted-out persons.
  • Providing a real-time response selected from a group including: engaging the person via a display, sending a communication to a second person (e.g., a store employee), providing marketing/advertising, or providing a coupon.
• The complaint does not explicitly reserve the right to assert dependent claims.

U.S. Patent No. 11,042,890 - "Method And System For Customer Assistance In A Retail Store"

• Patent Identification: U.S. Patent No. 11,042,890 ("Method And System For Customer Assistance In A Retail Store"), issued June 22, 2021.

The Invention Explained

• Problem Addressed: The patent addresses the need for brick-and-mortar retailers to adapt to changing consumer behavior by better understanding and responding to how customers interact with products in real-time Compl. ¶40
• The Patented Solution: As a continuation of the '571 Patent, this invention refines the method to focus on a person's interaction with a specific product. It claims a method of gathering "object identification information" of a product a person is interested in, along with "sentiment information" of the person with respect to that product Compl. ¶42 Compl. ¶45 The data is analyzed in real-time to manage inventory and provide responses, such as directing the person to a location to interact with the product or providing product-specific marketing Compl. ¶45 The system is described as comprising a plurality of modules, including object identification modules and engagement modules '890 Patent, col. 3:29-45
• Technical Importance: This approach creates a direct link between a consumer's emotional state (sentiment) and a specific physical object, allowing for highly contextualized responses and providing data for inventory management Compl. ¶41

Key Claims at a Glance

• The complaint asserts infringement of at least Claim 1 Compl. ¶117
• The essential elements of independent Claim 1 include:
  • Using information monitoring devices to gather information about a person at a retail store.
  • Gathering "object identification information" of a product of interest and "sentiment information" of the person regarding that product.
  • Analyzing this information in real time to manage inventory of products.
  • Providing a real-time response selected from a group including: directing the person to the product, engaging the person with product-based content on a display, sending a communication to a second person about the product, or providing product-based marketing/coupons.
• The complaint does not explicitly reserve the right to assert dependent claims.

U.S. Patent No. 12,026,731 - "Method For Personalized Marketing and Advertising of Retail Products"

• Patent Identification: U.S. Patent No. 12,026,731 ("Method For Personalized Marketing and Advertising of Retail Products"), issued July 2, 2024.

Technology Synopsis

The '731 Patent claims a method that obtains an "information analysis" about a person's shopping activities, including product interactions Compl. ¶66 It then separately involves "tracking the person using one or more second information monitoring devices to determine the location of the person" Compl. ¶66 Based on this determined location, the method provides a communication to the person via an interactive device, which can include a location to purchase a product, marketing information, coupons, or various purchase options like shipping or in-store pickup Compl. ¶66

Asserted Claims

At least Claim 1 Compl. ¶141

Accused Features

The complaint alleges that Defendant's CTV advertising platforms infringe by analyzing product interaction from shopping activities, tracking consumer location, and generating real-time communications such as promotions, coupons, and purchase options Compl. ¶¶137-140

III. The Accused Instrumentality

Product Identification

• The accused instrumentalities are Defendant MNTN, Inc.'s "Connected TV" ("CTV") advertising technology, products, and services, including MNTN Matched™, Verified Visits™, and Next Gen TV Compl. ¶75 Compl. ¶88

Functionality and Market Context

• The complaint alleges that MNTN's technology provides streaming advertising based on information gathered about a person, such as their activity at an online store Compl. ¶75 The system is described as using Artificial Intelligence ("AI") to create audience models from consumer demographic information to predict future consumer actions and deliver targeted advertising on CTV platforms Compl. ¶78 The complaint asserts these products are marketed as making CTV advertising "measurable, precise, and performance-driven" Compl. ¶77 The complaint includes a visual from the patent's FIG. 2, showing an overlay of analyzed data (ID, Gender, Age, Sentiment) on a person's face, to illustrate the type of data gathering claimed by the patents Compl. p. 4, FIG. 2

IV. Analysis of Infringement Allegations

'571 Patent Infringement Allegations

Claim Element (from Independent Claim 1)	Alleged Infringing Functionality	Complaint Citation	Patent Citation
(a) using one or more information monitoring devices to gather information about persons in a group of persons at a location...	Defendant's Accused Instrumentalities use Connected TV (CTV) devices to gather information, such as location and demographic data, about a person for streaming advertising.	¶89; Ex. D p. 2	col. 3:23-28
(iv) ...gathering a demographic characteristic of the persons...selected from a group consisting of gender of the persons, approximate age of the persons, and combinations thereof,	Defendant's platform gathers demographic data inputs including age and gender to build audience segments for targeted marketing.	¶91; Ex. D p. 10	col. 5:50-59
(v) ...gathering a sentiment characteristic of the persons...	Defendant's platform gathers information on viewer engagement, which the complaint equates to a sentiment characteristic.	¶91; Ex. D p. 12	col. 5:56-65
(c) analyzing in real time...the information gathered...except for the subset of opt-out persons who have affirmatively opted-out...	Defendant's platform performs real-time analysis on gathered data (demographic, sentiment, tracking) from persons who have not opted out of MNTN advertising.	¶92; Ex. D p. 17	col. 6:8-21
(d) providing a response in real time based upon the analyzed information...	Defendant's platform provides real-time responses, such as engaging the person with display content or providing marketing information.	¶93; Ex. D p. 19	col. 6:22-52

'890 Patent Infringement Allegations

Claim Element (from Independent Claim 1)	Alleged Infringing Functionality	Complaint Citation	Patent Citation
(a) using one or more information monitoring devices to gather information about a person at a retail store...	Defendant's Accused Instrumentalities use CTV technology to gather information about a person shopping at a store, such as site activity at an online store.	¶113; Ex. D p. 26	col. 3:23-28
(iii) ...gathering object identification information of a product that the person is interested in purchasing, and (B) gathering sentiment information of the person with respect to the product;	Defendant's platform gathers information about a product a person may be interested in purchasing and gathers sentiment information, such as emotional engagement and purchase intent.	¶115; Ex. D p. 30	col. 5:1-10
(b) analyzing the information in real time...to manage inventory of the products...	Defendant's platform analyzes product identification and sentiment information in real time and uses this information to manage inventory of products, for example by driving purchases of in-stock inventory.	¶114; Ex. D p. 34	col. 12:50-54
(c) providing a response in real time based upon the analyzed information...	Defendant's platform provides real-time responses based on the analyzed information, including sending a communication (ad) directing a person to a store location or providing a digital coupon.	¶117; Ex. D p. 37	col. 6:22-26

Identified Points of Contention

• Scope Questions: A central dispute may arise over the interpretation of "location" and "retail store." The patents' specifications are heavily grounded in the context of a physical, brick-and-mortar retail environment '571 Patent, col. 2:5-40 '890 Patent, col. 2:5-14 The complaint alleges infringement by a CTV advertising service that operates based on a consumer's online activity and viewing habits, presumably within their home Compl. ¶75 This raises the question of whether a consumer's home, when targeted by CTV ads based on online shopping behavior, can be construed as a "location" or "retail store" within the meaning of the claims.
• Technical Questions: The complaint alleges that MNTN's platform gathers "sentiment" characteristics, equating this with "engagement" Compl. Ex. D, p. 12 The patents, however, describe gathering sentiment via "video image devices" '571 Patent, claim 1(a)(v), exemplified by facial analysis '571 Patent, Fig. 2 A key factual question for the court will be what technical evidence supports the allegation that MNTN's method of measuring online "engagement" performs the same function as the visual sentiment analysis claimed in the patents.

V. Key Claim Terms for Construction

Term: "location" / "retail store"

• Context and Importance: This term is critical as it defines the physical environment of the invention. The '571 Patent uses the broader term "location," while the '890 Patent uses the more specific "retail store." The infringement case may depend on whether the Defendant's accused environment (a consumer's home with a CTV) falls within the scope of this term.
• Intrinsic Evidence for Interpretation:
  • Evidence for a Broader Interpretation: Plaintiff may argue that "location" in the '571 Patent is a broad term not limited by the specification's examples. The claim itself uses the general term "location," which is not explicitly defined as a physical store.
  • Evidence for a Narrower Interpretation: Defendant may argue the entire inventive context is brick-and-mortar retail. The specification repeatedly refers to "retail store," "in-store," "at the shelf," and countering "showrooming" '571 Patent, col. 2:5-40 '571 Patent, col. 3:9-13 '890 Patent, claim 1(a), suggesting the invention is inextricably tied to a physical commercial establishment.

Term: "sentiment characteristic"

• Context and Importance: This term is central to the type of data being gathered. The '571 Patent explicitly links the gathering of this characteristic to the use of "video image devices." Practitioners may focus on this term because the alleged infringement mechanism (tracking online "engagement") appears technically distinct from the visual analysis of human emotion described in the patent. The visual in the complaint showing facial sentiment analysis reinforces this potential disconnect Compl. p. 4, FIG. 2
• Intrinsic Evidence for Interpretation:
  • Evidence for a Broader Interpretation: Plaintiff could argue that "sentiment" is a broad term relating to a person's feelings or disposition, and that "engagement" is a valid proxy for this. They may also argue the "video image devices" limitation is just one way of gathering sentiment, not the only way.
  • Evidence for a Narrower Interpretation: Defendant could point to the patent's description and Figure 2, which explicitly show sentiment analysis via facial recognition '571 Patent, Fig. 2, as evidence that the term requires direct observation of a person's emotional state, not an inference based on online behavior like clicks or time-on-site.

VI. Other Allegations

• Indirect Infringement: The complaint alleges that Defendant induces infringement by encouraging and directing its customers to use the accused CTV advertising products in a manner that practices the patented methods (Compl. ¶103; Compl. ¶104; Compl. ¶105; Compl. ¶106; Compl. ¶107). This is allegedly done through Defendant's promotions and instructions Compl. ¶107
• Willful Infringement: Willfulness is alleged based on Defendant's purported knowledge of the patents and infringement "at least as early as the filing of the original Complaint" Compl. ¶83 Compl. ¶97 The complaint asserts that despite this knowledge, Defendant continued its allegedly infringing activities with "blatant disregard" for Plaintiff's patent rights Compl. ¶98

VII. Analyst's Conclusion: Key Questions for the Case

• A core issue will be one of definitional scope: Can the terms "location" and "retail store," which are described in the patents within the context of physical, brick-and-mortar commerce, be construed to encompass a consumer's home where targeted "Connected TV" advertising is displayed based on online shopping data?
• A central evidentiary question will be one of technical operation: Does the Defendant's accused system, which allegedly infers "sentiment" from online user "engagement," perform the same function as the claimed method of "gathering a sentiment characteristic" using "video image devices," as described and depicted in the patents?
• A threshold legal battle may concern patent eligibility: Given the complaint's extensive pre-emptive defense under the Alice framework, a key question will be whether the claims are directed to the abstract idea of targeted advertising, and if so, whether the combination of monitoring devices, real-time analysis, and specific responsive actions constitutes an "inventive concept" sufficient to transform the claim into a patent-eligible application.