Kroy IP Holdings filed suit against Kroger alleging that the defendant’s incentive program that enables shoppers to redeem accumulated points for automated award fulfillment infringes a patent related to a network-based system incentive program (7,054,830). Since June 2011, Kroy has filed two prior suits asserting the ’830 patent, including a suit in Dec. 2012 against Safeway, and an additional suit in 2011 against co-defendants ACI Worldwide, Capita, Frosch, Performance Systems Group, LW Acquisitions, and Loyaltyworks. Performance Systems Group filed a declaratory judgment action against the NPE in July 2011. The patent-in-suit was assigned to Kroy by the inventor in April 2011. 2/18, Eastern District of Texas, 2:13cv00141.