Jessica M. Karmasek Nov. 25, 2014, 12:00pm

DALLAS (Legal Newsline) - The Kroger Co. and a Connecticut-based software company have agreed to settle a patent infringement lawsuit over the grocery chain’s digital coupon app.


Advanced Marketing Systems LLC filed its lawsuit against Kroger in the U.S. District Court for the Northern District of Texas in June.


AMS, which according to court filings is located in Old Greenwich, Conn., is in the business of “software and computer management solutions” for marketing and promotion applications.


On Wednesday, the company and Kroger jointly stipulated to dismiss the action.


“All of the Plaintiff’s claims existing up to the date of dismissal are hereby dismissed with prejudice consistent with the terms of the settlement agreement between the parties,” the filing states. “Plaintiff and Defendant will each bear its own costs, expenses, and legal fees.”


The terms of the settlement were not disclosed.


AMS accused Kroger of infringing U.S. Patent Nos. 8,219,445; 8,370,199; and 8,538,805.


The company claimed the grocer infringed the patents by making and/or using a website and/or mobile application that “embody” the patented inventions.


“Kroger’s infringing system includes one or both of a website and a mobile application to load digital coupon(s) to a consumer’s Kroger Plus Card (i.e., loyalty card) for later redemption at time of purchase,” AMS wrote in its complaint.


Kroger, in an answer to the lawsuit in September, denied illegally using AMS’s patents.


Dallas law firm Shore Chan DePumpo LLP and Miles & Stockbridge PC, in McLean, Va., represented AMS.


Arlington, Texas, firm Edison McDowell & Hetherington LLP and Cincinnati-based Thompson Hine represented Kroger.


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