Fuel Marketer Excentus Sues Kroger for Patent Infringement

DALLAS — Fuel marketing firm Excentus, Irving, Texas, announced that it filed a lawsuit Tuesday against Cincinnati-based Kroger in the United States District Court for the Northern District of Texas here, alleging willful patent infringement.

The lawsuit seeks injunctive and equitable relief along with unspecified damages. Dickson Perry, president and chief executive officer of Excentus, said Excentus was able to reach “a mutual accord with Kroger last year related to our patents and obliged their request for a time to resolve future plans for the Kroger fuel rewards programs.”

Excentus recently asked Kroger to enter into a long-term licensing agreement, “but based on the reaction we received from Kroger, they left us no other choice but to seek court action to protect our interests,” Perry said.

Kroger did not respond to a request for comment.

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