U.S. District Court Grants Summary Judgment to Postscript, Ending Attentive's Baseless Claims
PHOENIX, Aug. 20, 2025 /PRNewswire-PRWeb/ -- Postscript, the SMS marketing platform for e-commerce brands, today announced that the United States District Court for the District of Delaware has granted summary judgment in its favor, dismissing all patent infringement claims brought by Attentive Mobile Inc.
The court found that Postscript's "Two Touch" technology does not infringe any of Attentive's patents in suit. The ruling emphasized that Postscript's system, which generates identifiers on the user's device, is fundamentally different from Attentive's server-based approach. Both of Attentive's infringement theories were rejected in full. The decision shuts the door on Attentive's litigation campaign and reinforces that the market is defined by innovation, not intimidation.
"This case was never about innovation by Attentive – it was about using litigation as a strategy to stifle competition. That approach didn't hold up," said Adam Turner, CEO and Co-Founder of Postscript. "What does hold up is building better products, and that's what we'll keep doing. This ruling sends a clear message: our technology is our own, and brands can trust they're on solid ground with Postscript."
The federal court also rejected multiple efforts by Attentive seeking to avoid counterclaims filed by Postscript against Attentive. As a result, the parties are now scheduled to go to trial on August 25, 2025 solely on counterclaims alleging that Attentive infringes Postscript's United States Patent No. 11,709,660, which relates to Postscript's Campaign Flows invention.
Postscript is represented by the Intellectual Property Group of Morrison & Foerster, with the team led by Tim Saulsbury and Hannah Jiam, and Raghav R. Krishnapriyan of Orrick.
About Postscript
Postscript is an SMS marketing and sales platform for e-commerce brands. By combining Shopify integration with advanced AI, Postscript helps merchants build subscriber lists, send targeted campaigns, and drive conversational commerce at scale. Postscript is trusted by tens of thousands of brands, including Kopari, Death Wish Coffee, and True Classic. For more information, visit postscript.io.
Media Contact
Mike Manheimer, Postscript, 1 6238537438, [email protected]
SOURCE Postscript
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