Legal Proceedings.
−Removed: From time to time, the Company
−Removed: may be involved in litigation relating to claims arising out of commercial operations in the normal course of business.
−Removed: As of the date
−Removed: of this report, there were no pending or threatened lawsuits that could reasonably be expected to have a material effect on the Company’s
−Removed: results of operations except as set forth below.
−Removed: On January 16, 2024, Alpha
−Removed: Modus filed a patent infringement lawsuit against The Kroger Company alleging patent infringement of several Alpha Modus patents pertaining
−Removed: to the Company’s ‘571 patent portfolio encompassing retail marketing and advertising data-driven technologies to enhance consumer’s
−Removed: in-store experience at the point of decision.
−Removed: The complaint was filed in the United States District Court for the Eastern District of
−Removed: Texas (case no.
−Removed: 2:2024cv00022), and the case is currently in discovery.
−Removed: On November 12, 2024, Alpha
−Removed: Modus filed a patent infringement lawsuit against Brookshire Grocery Co.
−Removed: alleging infringement of several Alpha Modus patents pertaining
−Removed: to its ‘571 patent portfolio, ‘825 patent portfolio, ‘672 patent portfolio, ‘890 patent portfolio and ‘880
−Removed: patent portfolio, which encompass retail marketing and advertising data-driven technologies to enhance consumers’ in-store experience
−Removed: at the point of decision.
−Removed: The complaint was filed in the United States District Court for the Eastern District of Texas (case no.
−Removed: 2:2024cv00919),
−Removed: and the case is in its initial pleading stage.
−Removed: On December 17, 2024, Alpha
−Removed: Modus filed a patent infringement lawsuit against Wakefern Food Corporation and Shelf Nine LLC alleging infringement of several Alpha
−Removed: Modus patents pertaining to its ‘571 patent portfolio, ‘825 patent portfolio, ‘672 patent portfolio, ‘890 patent
−Removed: portfolio and ‘880 patent portfolio, which encompass retail marketing and advertising data-driven technologies to enhance consumers’
−Removed: in-store experience at the point of decision.
−Removed: The complaint was filed in the United States District Court for the Eastern District of
−Removed: Texas (case no.
−Removed: 2:2024cv01056), and the case has since been settled.
−Removed: On February 3, 2025, Alpha
−Removed: Modus filed a patent infringement lawsuit against Walgreen Co.
−Removed: alleging infringement of several Alpha Modus patents pertaining to its
−Removed: ‘571 patent portfolio, ‘825 patent portfolio, ‘672 patent portfolio, ‘890 patent portfolio and ‘880 patent
−Removed: portfolio, which encompass retail marketing and advertising data-driven technologies to enhance consumers’ in-store experience at
−Removed: the point of decision.
−Removed: The complaint was filed in the United States District Court for the Eastern District of Texas (case no.
−Removed: 2:2025cv00120),
−Removed: and the case is in its initial pleading stage.
+Added: time to time, the Company may be involved in litigation relating to claims arising out of commercial operations in the normal course
+Added: As of the date of this report, there were no pending or threatened lawsuits that could reasonably be expected to have a
+Added: material effect on the Company’s results of operations except as disclosed in Item 1 above in the subsection “ Legal Proceedings ,”
+Added: which disclosure is incorporated by reference into this Item 3.
Mine Safety Disclosures
−Removed: Not Applicable.
Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.