NPE activity targeting retailers remained steady in October 2025, with several frequent filers continuing their campaigns. Notable plaintiffs included Alpha Modus, Nearby Systems, VDPP, Wolverine Barcode IP, and various entities represented by Rabicoff Law.
As usual, I prepared the report in partnership with and using Docket Navigator and its powerful database. Docket Navigator is a valuable resource, and the place to go if you want to keep track of new patent litigation filings or want to know what is happening in particular cases, how your judge has historically handled a particular type of motion, or a particular plaintiff’s litigation history. Finally, please let me know if you have thoughts about the report or changes you would like to see. I am preparing it as a service for retailers and their supply chain who may want an overview of the patent litigation landscape. So, I am very open to your suggestions for improving the report.
Adaptive Avenue Assocs., Inc. v. Fabletics, Inc. (E.D. Tex.).
Judge: District Judge Sean D. Jordan
Claims: Infringement
Defendant: Fabletics, Inc.
Plaintiff: Adaptive Avenue Associates, Inc.
Pls. Cnsl: Direction IP Law
Patents: 7,171,629 (Customizable web site access system and method therefore; 7,428,707 (Customizable web site access system and method therefore)
Alpha Modus, Corp. v. Lowe’s Companies, Inc. et al (multiple cases) (E.D. Tex.).
Claims: Infringement
Defendants:
- Lowe’s Companies, Inc.
- Lowe’s Home Centers, LLC
- 7-Eleven, Inc.
Plaintiff: Alpha Modus, Corp.
Pls. Cnsl: Prince Lobel Tye
Patents: 10,360,571 (Method for monitoring and analyzing behavior and uses thereof); 10,977,672 (Method and system for real-time inventory management, marketing, and advertising in a retail store); 11,042,890 (Method and system for customer assistance in a retail store); 11,049,120 (Method and system for generating a layout for placement of products in a retail store); 11,301,880 (Method and system for inventory management in a retail store); 12,026,731 (Method for personalized marketing and advertising of retail products); 12,039,550 (Method for enhancing customer shopping experience in a retail store); 12,354,121 (Methods and systems for shopping in a retail store); 12,423,718 (Methods and systems for providing customer assistance in a retail store)
Erlandsson v. Harbor Freight Tools USA, Inc. (D. Or.).
Judge: Magistrate Judge Youlee Yim You
Claims: Infringement
Defendant: Harbor Freight Tools USA, Inc.
Plaintiff: Alexander Erlandsson
Pls. Cnsl: Kolitch Romano Dascenzo Gates
Patent: 8,981,887 (Magnetic tool and part holder and method of making the same)
Lowe’s Home Centers, LLC et al v. Adaptive Avenue Associates, Inc. (W.D.N.C.).
Claims: Declaratory Judgment
Defendant: Adaptive Avenue Associates, Inc.
Plaintiffs:
- Lowe’s Companies, Inc.
- Lowe’s Home Centers, LLC
Pls. Cnsl: Robinson Bradshaw & Hinson; Riley Safer Holmes & Cancila
Patents: 7,171,629 (Customizable web site access system and method therefore);
7,428,707 (Customizable web site access system and method therefore)
Nearby Systems LLC v. Chipotle Mexican Grill, Inc. (multiple cases) (E.D. Tex.).
Claims: Infringement
Defendants:
- Chipotle Mexican Grill, Inc.
- Nordstrom, Inc.
- JPMorgan Chase & Co.
Plaintiff: Nearby Systems LLC
Pls. Cnsl: Rozier Hardt McDonough
Patents: 10,469,980 (Mashing mapping content displayed on mobile devices); 11,937,145 (Mashing Mapping Content Displayed on Mobile Devices); 12,185,177 (Mashing Mapping Content Displayed on Mobile Devices); 9,532,164 (Mashing mapping content displayed on mobile devices)
Reframe Technologies LLC v. Lifetime Brands, Inc. (S.D.N.Y.).
Claims: Infringement
Defendant: Lifetime Brands, Inc.
Plaintiff: Reframe Technologies LLC
Pls. Cnsl: Rabicoff Law
Patent: 7,552,870 (Trading network resources)
Secure Matrix LLC v. Star Furniture Company, LLC (S.D. Tex., W.D. Tex., N.D. Tex.).
Judges: District Judge A. Joe Fish; Judge: District Judge Sam A. Lindsay; Judge: District Judge Mark Pittman
Claims: Infringement
Defendants:
- Star Furniture Company, LLC
- Hanley-Wood Fine Living, Inc.
- J Hilburn, Inc.
- TForce Logistics Inc.
- Mouser Electronics, Inc.
- Petmate Holdings Co.
Plaintiff: Secure Matrix LLC
Pls. Cnsl: Rabicoff Law; DNL Zito
Patent: 8,677,116 (Systems and methods for authentication and verification)
UpChat LLC v. Panera Bread Company (E.D. Tex.).
Judge: District Judge Rodney Gilstrap
Claims: Infringement
Defendant: Panera Bread Company
Plaintiff: UpChat LLC
Pls. Cnsl: Rabicoff Law
Patent: 10,182,157 (Systems and methods for communicating)
VDPP, LLC v. Marriott International, Inc. (E.D. Tex.).
Judge: District Judge Rodney Gilstrap
Claims: Infringement
Defendant: Marriott International, Inc. d/b/a Courtyard by Marriott Middleton
Plaintiff: VDPP, LLC
Pls. Cnsl: Ramey
Patents: 7,030,902 (Eternalism, a method for creating an appearance of sustained three-dimensional motion-direction of unlimited duration, using a finite number of pictures); 9,948,922 (Faster state transitioning for continuous adjustable 3DEEPS filter spectacles using multi-layered variable tint materials)
Wolverine Barcode IP, LLC v. Starbucks Company (E.D. Tex.).
Judge: District Judge Rodney Gilstrap
Claims: Infringement
Defendant: Starbucks Company
Plaintiff: Wolverine Barcode IP, LLC
Pls. Cnsl: Ramey
Patent: 9,280,689 (Method and apparatus for conducting offline commerce transactions)