Kroger faces patent litigation from AI Tech Company

Kroger faces a second patent infringement lawsuit from AI Retail Technology Company Alpha Modus Corp.

Alpha Modus filed a lawsuit in the US District Court for the Eastern District of Texas on August 29th, seeking unspecified damages. In May, the company settled with Kroger over the implementation of cooler screens. This will display a digital display on a refrigerated unit that runs ads and helps shoppers find items.

Kroger has not responded to requests for comment.

The current complaint refers to a patent application claiming seven patents and immediately issuing. These patents cover technologies related to real-time consumer surveillance, AI-powered advertising, seamless checkout, and advanced inventory management.

The lawsuit identifies several Kroger Technologies as infringing patents, including Bluezoo Analytics, Everseen Visual AI, Kroger Precision Marketing, 84.51° Analytics, Krogo Smart Carts, Scan, Bags, Go, Kroger Pay, Quevision, Edgevising, Bluezoo Analytics, Everseen Visual AI, Kroger Precision Marketing, and a connectivity store with Bluezoo Analytics.

Alpha Modus claims that Kroger continued to deploy these technologies even after being informed of the patent rights of Alpha Modus.

“Resolving the dispute through cooler screens didn't mean that Kroger had a free pass to infringe Alpha Modus' wider portfolio,” said William Alessi, CEO of Alpha Modus. “Kroger must face the fact that it directly violates Alpha Modus technology. We will not accept less than what we are paid and advance the right license.”

Related:Report: Kroger, Whole Foods and other grocery stores can have refrigerated units vulnerable to cyberattacks

The lawsuit seeks high-pitched damages, lawyer fees and a permanent injunction, citing Alfa Modes' intellectual property rights, citing Kroger's intentional disregard.

“We are confident in our position and we will implement our rights as long as we need it,” Alessi said.

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