Alpha Modus, Corp. v. Circle K Stores Inc.
| Alpha Modus, Corp. |
| Circle K Stores Inc. |
| 2:2026cv00335 |
| April 23, 2026 |
| U.S. District Court for the Eastern District of Texas |
| Rodney Gilstrap |
| Roy S Payne |
| Patent |
| 35 U.S.C. § 271 Patent Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 30, 2026. A more recent docket listing may be available from PACER.
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| Filing 41 NOTICE of Service by Circle K Stores Inc. (Levinstein, Matthew) |
| Filing 40 NOTICE of Attorney Appearance by Aaron Seth Jacobs on behalf of Alpha Modus, Corp. (Jacobs, Aaron) |
| Filing 39 SUR-REPLY to Reply to Response re #27 MOTION to Dismiss Pursuant to Fed.R.Civ. P. 12(b)(6) filed by Alpha Modus, Corp.. (Attachments: #1 Exhibit 22 - Dkt 124, 2026-09-08 R-R Denying Lowe's Motion to Dismiss, #2 Exhibit 23 - Dkt 125, 2026-09-10 R-R re 7-11 Motion to Dismiss, #3 Exhibit 24 - Dkt 126, 2026-09-10 R-R re Johnson Controls Motion to Dismiss)(Hanba, Christopher) |
| Filing 38 NOTICE OF DESIGNATION OF LEAD ATTORNEY by Circle K Stores Inc. (Smith, Melissa) |
Filing 37
ORDER granting #36 Motion for Extension of Time to File Response/Reply. Signed by Magistrate Judge Roy S. Payne on 09/12/2026. (mdj)
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| Filing 36 MOTION for Extension of Time to File Response/Reply as to #35 Reply to Response to Motion Plaintiff's Unopposed Motion for Extension of Time to File Sur-Reply to Defendant Circle K Stores, Inc.'s Reply in Support of Its Rule 12(b)(6) Motion to Dismiss by Alpha Modus, Corp.. (Attachments: #1 Proposed Order)(Hanba, Christopher) |
| Filing 35 REPLY to Response re #27 MOTION to Dismiss Pursuant to Fed.R.Civ. P. 12(b)(6) (In Support) filed by Circle K Stores Inc. . (Levinstein, Matthew) |
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Filing 34
ORDER granting #33 Motion for Extension of Time to File Response/Reply. Signed by Magistrate Judge Roy S. Payne on 09/02/2026. (mdj)
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| Filing 33 UNOPPOSED MOTION for Extension of Time to File Response/Reply as to #27 MOTION to Dismiss Pursuant to Fed.R.Civ. P. 12(b)(6) by Circle K Stores Inc.. (Attachments: #1 Proposed Order)(Levinstein, Matthew) |
| Filing 32 RESPONSE in Opposition re #27 MOTION to Dismiss Pursuant to Fed.R.Civ. P. 12(b)(6) Plainjtiff's Complaint for Patent Infringement filed by Alpha Modus, Corp.. (Attachments: #1 Exhibit 1 - Alpha Modus v. MNTN, Inc., No. 1:25-cv-01466-DAE, Dkt. No. 31 (Aug. 21, 2026), #2 Exhibit 2 - U.S. Patent No. 10,360,571, #3 Exhibit 3 - U.S. Patent No. 11,042,890, #4 Exhibit 4 - U.S. Patent No. 11,301,880, #5 Exhibit 5 - U.S. Patent No. 12,026,731, #6 Exhibit 6 - US Patent No. 12,423,718, #7 Exhibit 7 - Non-Final Rejection, U.S. App. 14/335,429 (for the 571 Patent) (June 22, 2017), #8 Exhibit 8 - Response to Non-Final Office Action Dated June 22, 2017, U.S. App. 14/335,429 (for the 571 Patent) (Sept. 22, 2017), #9 Exhibit 9 - Final Rejection, U.S. App. 14/335,429 (for the 571 Patent) (Jan. 8, 2018), #10 Exhibit 10 - Response to Final Office Action, U.S. App. 14/335,429 (for the 571 Patent) (Feb. 8, 2019), #11 Exhibit 11 - Notice of Allowance, U.S. App. 14/335,429 (for the 571 Patent) (May 22, 2019), #12 Exhibit 12 - Non-Final Rejection, U.S. App. 16/837,711 (for the 890 Patent) (Sept. 17, 2020), #13 Exhibit 13 - Response to Non-Final Office Action Dated September 17, 2020, U.S. App. No. 16/837,711 (for the 890 Patent) (Dec. 2, 2020), #14 Exhibit 14 - Notice of Allowance, U.S. App. 16/837,711 (for the 890 Patent) (Mar. 3, 2021), #15 Exhibit 15 - Non-Final Rejection, U.S. App. 16/837,645 (for the 880 Patent) (July 12, 2021), #16 Exhibit 16 - Response to Non-Final Office Action Dated July 12, 2021, U.S. App.16/837,645 (for the 880 Patent) (Oct. 12, 2021), #17 Exhibit 17 - Notice of Allowance, U.S. App. 16/837,645 (for the 880 Patent) (Dec. 20, 2021), #18 Exhibit 18 - Non-Final Rejection, U.S. App. 18/100,377 (for the 731 Patent) (June 7, 2023), #19 Exhibit 19 - Response to Non-Final Office Action Dated June 7, 2023, U.S. App. 18/100,377 (for the 731 Patent) (Dec. 7, 2023), #20 Exhibit 20 - Notice of Allowance, U.S. App. 18/100,377 (for the 731 Patent) (Feb. 28, 2024), #21 Exhibit 21 - Koninklijke Philips N.V. v. Quectel Wireless Solutions Co., No. 20-cv-1710-CFC, Dkt. No. 420 (D. Del. July 27, 2026))(Hanba, Christopher) |
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Filing 31
PROTECTIVE ORDER. Signed by Magistrate Judge Roy S. Payne on 08/18/2026. (mdj)
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Filing 30
AGREED PROTECTIVE ORDER. Signed by Magistrate Judge Roy S. Payne on 08/14/2026. (mdj)
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Filing 29
ORDER granting #28 Motion for Extension of Time to File Response/Reply. Signed by Magistrate Judge Roy S. Payne on 08/14/2026. (mdj)
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| Filing 28 UNOPPOSED MOTION for Extension of Time to File Response/Reply as to #27 MOTION to Dismiss Pursuant to Fed.R.Civ. P. 12(b)(6) by Alpha Modus, Corp.. (Attachments: #1 Proposed Order)(Hanba, Christopher) |
| Filing 27 MOTION to Dismiss Pursuant to Fed.R.Civ. P. 12(b)(6) by Circle K Stores Inc.. (Attachments: #1 Proposed Order)(Levinstein, Matthew) |
| Filing 26 MOTION for Protective Order Joint Motion for Entry of Agreed Protective Order by Alpha Modus, Corp.. (Attachments: #1 Exhibit A - Agreed Protective Order)(Hanba, Christopher) |
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Filing 25
DISCOVERY ORDER. Signed by Magistrate Judge Roy S. Payne on 08/04/2026. (mdj)
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| Filing 24 JOINT MOTION Entry of Joint Proposed Discovery Order by Alpha Modus, Corp.. (Attachments: #1 Exhibit A - Joint Proposed Discovery Order)(Hanba, Christopher) |
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Filing 23
DOCKET CONTROL ORDER (Markman/Claim Construction Hearing set for 12/7/2027 at 09:00 AM before Magistrate Judge Roy S. Payne., Jury Selection set for 6/5/2028 at 09:00AM before District Judge Rodney Gilstrap., Pretrial Conference set for 5/1/2028 at 09:00 AM before Magistrate Judge Roy S. Payne). Signed by Magistrate Judge Roy S. Payne on 07/26/2026. (mdj)
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Filing 22
ORDER denying as moot #17 Motion to Dismiss. Signed by Magistrate Judge Roy S. Payne on 07/26/2026. (KLC)
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| Filing 21 AMENDED COMPLAINT for Patent Infringement against Circle K Stores Inc., filed by Alpha Modus, Corp.. (Attachments: #1 Exhibit A - US Patent 10,360,571, #2 Exhibit B - US Patent 11,042,890, #3 Exhibit C - US Patent 11,301,880, #4 Exhibit D - US Patent 12,026,731, #5 Exhibit E - US Patent 12,423,718, #6 Exhibit F - Claim Chart - Circle K, #7 Exhibit G - Notice of Allowance - 880 Patent, #8 Exhibit H - Notice of Allowance - 731 Patent)(Hanba, Christopher) |
| Filing 20 Minute Entry for proceedings held before District Judge Rodney Gilstrap: Scheduling Conference/Case Management Conference held on 7/20/2026 from 09:30 AM - 10:30 AM. Counsel for the parties appeared. Court: (1) asked whether the parties consented to trial before the U.S. Magistrate Judge; and (2) provided Claim Construction and Jury Selection/Trial dates. (Court Reporter - Shawn McRoberts) (Text entry only; no document attached) (aeb) |
| Filing 19 NOTICE of Attorney Appearance by Joshua Reed Thane on behalf of Alpha Modus, Corp. (Thane, Joshua) |
| Filing 18 NOTICE of Attorney Appearance by Melissa Richards Smith on behalf of Circle K Stores Inc. (Smith, Melissa) |
| Filing 17 MOTION to Dismiss Pursuant to Fed.R.Civ. P. 12(b)(6) by Circle K Stores Inc.. (Attachments: #1 Proposed Order)(Levinstein, Matthew) |
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Filing 16
ORDER- Scheduling Conference set for 7/20/2026 at 09:30 AM before District Judge Rodney Gilstrap. Signed by Magistrate Judge Roy S. Payne on 06/18/2026. (mdj)
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| Filing 15 NOTICE of Designation of Attorney in Charge to Christopher Edward Hanba on behalf of Alpha Modus, Corp. (Hanba, Christopher) |
| Filing 14 Unopposed Application for Extension of Time to Answer Complaint is granted. Circle K Stores Inc. answer is now due 7/10/2026. (Text entry only, no document attached.)(mdj) |
| Filing 13 Unopposed Application for Extension of Time to Answer Complaint filed by Circle K Stores Inc.. Summons originally served on 5/5/2026. Agreed new answer date is 07/10/2026.(Levinstein, Matthew) |
| Filing 12 NOTICE of Attorney Appearance by Michael David Saunders on behalf of Alpha Modus, Corp. (Saunders, Michael) |
| Filing 11 Unopposed Application for Extension of Time to Answer Complaint is granted. Circle K Stores Inc. answer is now due 6/19/2026. (Text entry only, no document attached.)(mdj) |
| Filing 10 Unopposed Application for Extension of Time to Answer Complaint filed by Circle K Stores Inc.. Summons originally served on 5/5/2026. Agreed new answer date is 6/19/2026.(Levinstein, Matthew) |
| Filing 9 Fed. R. Civ. P. 7.1(a)(1) Disclosure Statement filed by Circle K Stores Inc. identifying Other Affiliate Alimentation Couche-Tard, Inc. for Circle K Stores Inc.. (Levinstein, Matthew) |
| Filing 8 NOTICE of Attorney Appearance by Matthew Joshua Levinstein on behalf of Circle K Stores Inc. (Levinstein, Matthew) |
| Filing 7 NOTICE of Attorney Appearance by Joshua Gabriel Jones on behalf of Alpha Modus, Corp. (Jones, Joshua) |
| Filing 6 Summons returned executed by Alpha Modus, Corp.. Circle K Stores Inc. served on 5/5/2026. (Hanba, Christopher) |
| Filing 5 Summons issued as to Circle K Stores Inc.. (mdj) |
| Filing 4 Request for Clerk to issue Summons In A Civil Action filed by Alpha Modus, Corp.. (Hanba, Christopher) |
| Filing 3 Notice of Filing of Patent/Trademark Form (AO 120). AO 120 emailed to the Director of the U.S. Patent and Trademark Office. (Hanba, Christopher) |
| Filing 2 Fed. R. Civ. P. 7.1(a)(1) Disclosure Statement filed by Alpha Modus, Corp. identifying Corporate Parent Alpha Modus Holdings, Inc. for Alpha Modus, Corp.. (Hanba, Christopher) |
| Filing 1 COMPLAINT for Patent Infringement against Circle K Stores Inc. ( Filing fee $ 405 receipt number ATXEDC-11500894.), filed by Alpha Modus, Corp.. (Attachments: #1 Exhibit A - US Patent 10,360,571, #2 Exhibit B - US Patent 11,042,890, #3 Exhibit C - US Patent 11,301,880, #4 Exhibit D - US Patent 12,026,731, #5 Exhibit E - US Patent 12,423,718, #6 Civil Cover Sheet) (Counsel is reminded to file form required by LR CV-4(a).)(Hanba, Christopher) |
| Case assigned to District Judge Rodney Gilstrap and Magistrate Judge Roy S. Payne. (mdj) |
| Case: Alpha Modus, Corp. v. Circle K Stores Inc. was filed on 04/23/2026 and assigned to Judge Gilstrap and referred to Judge Payne. The # Notice Regarding Consent to Proceed Before Magistrate Judge form is provided via hyperlink. (mdj) |
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