AlmondNet Sues Temu Operator Whaleco in Delaware on a Profile-Based Ad Delivery Patent.

The parties and the court

The case is AlmondNet, Inc. v. Whaleco Inc., No. 1:26-cv-01339 (D. Del.), filed October 16, 2026. The caption names "Whaleco, Inc." and the opening paragraph names "Whaleco Inc. d/b/a Temu." The complaint says AlmondNet is a Delaware corporation with its place of business in Long Island City, New York, that it was founded in 1998, and that it is focused on research and development and the licensing of a portfolio covering targeted advertising, including profile-based bidding, behavioral targeting, online and offline data monetization, addressable advertising, and multi-platform advertising. It alleges, on information and belief, that Whaleco is a Delaware corporation with its principal place of business in Boston, Massachusetts. Jurisdiction is pleaded under 28 U.S.C. 1331 and 1338(a), and the complaint says venue is proper because Whaleco is incorporated in Delaware.

The claim chart identifies the accused instrumentality as the Temu platform. To tie Whaleco to Temu, it cites an April 29, 2026 annual report on Form 20-F of PDD Holdings that identifies Whaleco Inc. as the operator of the Temu platform, and the Google Play and Apple App Store listings for the Temu app, which it says identify Whaleco Inc. as the developer and seller. AlmondNet is represented by Farnan LLP and, of counsel, Russ August & Kabat, and it demands a jury.

The patent

U.S. Patent 8,959,146 is titled Media properties selection method and system based on expected profit from profile-based ad delivery. It issued February 17, 2015 from Application No. 14/201,494, filed March 7, 2014, and names AlmondNet as assignee. The patent face shows a chain of continuations back to an application filed June 14, 2007, claims the benefit of provisional applications filed June 16 and June 19, 2006, and states that the patent is subject to a terminal disclaimer. It issued with 24 claims. Claims 1, 17, and 21 are independent, and claim 1 is the only independent method claim; claims 17 and 21 recite a computer-server device and a system. The legal-event list on Google Patents includes a disclaimer entry, dated January 13, 2026, disclaiming complete claims 2, 18, and 22. Google Patents lists the patent as active, with an anticipated expiration of June 14, 2027. The complaint says AlmondNet owns the patent and holds all enforcement rights.

What claim 1 covers

Claim 1 covers a method of directing electronic advertisements, performed by a computer system of one or more computers. For each of a multitude of different electronic visitors to a first media property, the computer system automatically directs, to a third-party server computer controlling advertising space on a second media property, indicia of a condition that relates specifically to the visitor, for display of an advertisement to that visitor when the visitor visits the second media property after visiting the first, subject to determining that the condition has been met. Directing the indicia is based on information indicating to the computer system that at least one of a plurality of profile attributes is possibly applicable to the visitor, where the indicated profile attribute or attributes were received by the computer system as a result of the visitor's visit to the first media property, and the advertisement is correlated with the indicated profile attribute or attributes.

What the complaint alleges

The complaint alleges, on information and belief, that the Temu platform directly infringes, literally or under the doctrine of equivalents, by performing one or more method claims of the '146 patent, and it alleges that Whaleco performs all the limitations of those claims through the platform. Exhibit 2, a 25-page claim chart, compares claim 1 to Temu's activity. The chart treats Temu.com, or another media property from which Temu receives behavioral information, as the first media property; a third-party publisher's ad server that selects a winning bid or deal for an ad impression as the third-party server; and a bid or price Temu is willing to pay for ad space as the indicia of a condition, the condition being the price the publisher's ad server must accept before the ad is displayed. It says the price relates specifically to the visitor because it is tied to a particular impression and is based on the visitor's profile attributes, using an interest in gardening as its example.

For support, the chart cites Temu's privacy, cookie, and U.S. privacy addendum pages; a Google Ads Transparency Center entry that it says identifies Whaleco Inc. as the advertiser of a Temu ad shown in the United States and last shown October 12, 2026; Google Ads help pages on bidding and bid adjustments; the OpenRTB specification; and third-party pages that it says list TemuDSP among advertising partners. The complaint pleads only direct infringement under 35 U.S.C. 271; it does not plead induced or contributory infringement, pre-suit knowledge, or willfulness. It says 35 U.S.C. 287 does not apply because AlmondNet asserts only method claims, and it claims past damages on that basis.

Relief requested

AlmondNet asks for a judgment of direct infringement, literal or under the doctrine of equivalents; a permanent injunction against further infringement; damages, costs, expenses, and pre-judgment and post-judgment interest; an accounting and supplemental damages; and an exceptional-case finding and attorney fees under 35 U.S.C. 285. The complaint says damages should be no less than a reasonable royalty. It demands a jury under Federal Rule of Civil Procedure 38.

The same patent against MNTN

Three days earlier, on October 13, 2026, AlmondNet filed AlmondNet, Inc. v. MNTN, Inc., No. 7:26-cv-00419 (W.D. Tex.), in the Midland/Odessa Division. That five-page complaint follows the same form, asserts the same '146 patent, alleges, on information and belief, that MNTN Performance TV and related components perform one or more of its method claims, and says it attaches a chart on claim 1. The '146 patent has also been listed in patent reports on the Delaware docket in earlier AlmondNet suits brought with Intent IQ, LLC as co-plaintiff, each of which also lists other patents, including No. 1:25-cv-01266 against Criteo Corp., filed October 17, 2025; No. 1:26-cv-00014 against Citrus Ad International, Inc., Conversant LLC, and Epsilon Data Management, LLC, filed January 6, 2026; and No. 1:26-cv-00860 against Publisher First, Inc., filed July 14, 2026.

What it means

The Delaware complaint is five pages. It alleges infringement of one or more method claims and charts claim 1 as an example. By asserting only method claims, AlmondNet pleads that the marking requirement of 35 U.S.C. 287 does not limit its claim to past damages. The chart reads the claimed indicia of a condition on a bid price submitted for ad space, and the claimed first media property on Temu.com or another media property from which Temu receives behavioral information.

What to watch next

Watch for Whaleco's answer or a Rule 12 motion, including any challenge to patent eligibility under 35 U.S.C. 101, and for any petition for inter partes review of the '146 patent. The docket shows a return of service on Whaleco docketed October 20, 2026; that return is not on the public docket. The case can end at any time, including by settlement or voluntary dismissal.