Patent opinions from the Eastern District of Texas and the U.S. Court of Appeals for the Federal Circuit

Weekly Digest
E.D. Tex.

Alpha Modus, Corp. v. 7-Eleven, Inc., No. 2:25-cv-01060 (E.D. Tex. Sept. 29, 2026)

Adopted Report and recommendation (or magistrate's order) adopted
Court
U.S. District Court for the Eastern District of Texas, Marshall Division
Case No.
No. 2:25-cv-01060, Dkt. No. 137
Decided
September 29, 2026
Judge
Rodney Gilstrap, J. — Marshall
Document
Order
Docket Entry
ORDER adopting Report and Recommendations for 124 Report and Recommendations re 53 Motion to Dismiss filed by LOWE'S COMPANIES, INC., LOWE'S HOME CENTERS, LLC. (Motion(s)124, 53 terminated)
Length
2 pages

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

MARSHALL DIVISION

ALPHA MODUS, CORP., §

§

Plaintiff,

§ Case No. 2:25-CV-01060-JRG-RSP v.

§

7-ELEVEN, INC., § (Lead Case)

§

Defendant.

ORDER

Defendants Lowe's Home Centers, LLC and Lowe's Companies, Inc., filed a Motion to Dismiss based on Fed. R. Civ. P. 12(b)(6) and 35 U.S.C. § 101. (Dkt. No. 53.) Magistrate Judge Payne entered a Report and Recommendation that the Court deny the motion. (Dkt. No. 124). Defendants Lowe's Home Centers, LLC and Lowe's Companies, Inc., along with Plaintiff Alpha Modus Corporation have since filed Objections. (Dkt. Nos. 130, 129.)

After conducting a de novo review of the briefing on the Motion to Dismiss, the Report and Recommendation, and the parties’ Objections, the Court agrees with the reasoning provided within the Report and Recommendation and concludes the Objections fail to show the Report and Recommendation was erroneous.

Accordingly, the Court OVERRULES both parties’ Objections, ADOPTS the Report and Recommendation, finds that the asserted claims of the asserted patents are directed to abstract ideas under Alice Step 1, but that genuine disputes of material fact prevent granting the motion under Alice Step 2, and DENIES the Motion to Dismiss (Dkt. No. 53).

2.

So ORDERED and SIGNED this 29th day of September, 2026.

RODNEY GILSTRAP

UNITED STATES DISTRICT JUDGE

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Cite this opinion

Alpha Modus, Corp. v. 7-Eleven, Inc., No. 2:25-cv-01060 (E.D. Tex. Sept. 29, 2026).

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