These are procedural setbacks for Kroger, not final outcomes. Monitor for claim construction (Markman) rulings and summary judgment motions, which will better define the scope of patent exposure. The case is in its early stages — no material financial impact expected near-term.
Price Chart
Executive Summary
Two interlocutory rulings in the Alpha Modus patent case against Kroger: the court denied Kroger's motions to dismiss for improper venue (Rule 12(b)(3)) and for failure to state a claim (Rule 12(b)(6)). Both rulings keep the case alive in the Eastern District of Texas, but no final judgment or damages have been awarded — the case remains pending.
Court Ruling Details
Key Facts
- Kroger's motion to dismiss for improper venue (Rule 12(b)(3)) was denied; the case stays in the Eastern District of Texas.
- Kroger's motion to dismiss for failure to state a claim (Rule 12(b)(6)) was also denied.
- Both rulings are interlocutory — no final judgment, no damages awarded, no injunction issued.
- The case is in early stages; the rulings only determine that the case may proceed.
Financial Impact
No damages or financial exposure stated in the rulings.
Risk Factors
- Continued litigation in the Eastern District of Texas, a plaintiff-friendly venue for patent cases.
- Potential for adverse claim construction or summary judgment rulings later in the case.
Investment Themes
Documents Analyzed
This report is based on 2 court opinions.
| Document | Accession Number |
|---|---|
| COURT-RULING Data (Synthetic) | court-224dd5243c-KR |
| COURT-RULING Data (Synthetic) | court-d52b9a0222-KR |
Filters
| Type | Now | ||||
|---|---|---|---|---|---|
Oct 23, 2026 3d ago | Institutional Cluster | $66.77 | awaiting T+20 | — | $66.77 (−0.00%) |
Oct 20, 2026 6d ago | 8-K | $62.98 | awaiting T+20 | — | $66.77 (+6.02%) |
Oct 5, 2026 21d ago | 8-K | $58.78 | awaiting T+20 | — | $66.77 (+13.59%) |
Sep 30, 2026 27d ago | Court Ruling | $59.48 | awaiting T+20 | — | $66.77 (+12.26%) |
Sep 28, 2026 28d ago | 424B5 | $59.69 $66.77 | ▲ +11.86% | ▲ +11.89% | $66.77 (+11.86%) |
Sep 25, 2026 4w ago | Press Release | $58.74 $66.77 | ▲ +13.67% | ▲ +15.15% | $66.77 (+13.67%) |
Sep 17, 2026 5w ago | Press Release | $60.00 $63.63 | ▲ +6.05% | ▲ +5.85% | $66.77 (+11.28%) |
Sep 11, 2026 6w ago | 8-K | $58.49 $61.64 | ▲ +5.39% | ▲ +3.52% | $66.77 (+14.16%) |
Sep 2, 2026 7w ago | 8-K | $58.51 $59.03 | ▲ +0.89% | ▲ +2.08% | $66.77 (+14.12%) |
Jul 1, 2026 16w ago | 8-K | $56.24 $59.87 | ▲ +6.45% | ▲ +8.64% | $66.77 (+18.72%) |
US Market Status
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