Court Rules Postscript Did Not Infringe Attentive Patents, Vindicating Postscript’s Superior Technology
FOR IMMEDIATE RELEASE
Court Rules Postscript Did Not Infringe Attentive Patents, Vindicating Postscript’s Superior Technology
In a Decisive Ruling, U.S. District Court Grants Summary Judgment to Postscript, Finding Attentive’s Infringement Claims Meritless and Ending Its Campaign to Stifle Competition Through Litigation
PHOENIX, AZ – August 20, 2025 – Postscript, the SMS marketing platform for growing e-commerce brands, today announced a landmark victory in the patent infringement lawsuit filed by its competitor, Attentive Mobile Inc. For years, Attentive has claimed that its "two-tap" technology patents were infringed by Postscript—and has used aggressive litigation to bully competitors. The United States District Court for the District of Delaware has ruled against Attentive, concluding that “[a]ll of Attentive’s claims of patent infringement (of any type) have now been resolved in Postscript’s favor” and disposing of all of Attentive’s claims.
The court’s decisive ruling confirms that Postscript’s "Two Touch" technology does not infringe Attentive's patents. The decision is a complete vindication of Postscript’s engineering and validates that the company invented a better, more efficient version of SMS opt-in not covered by Attentive's patents. The case hinged on the court’s finding that Postscript’s technology, which uses software on the user's own device to generate a prepopulated text message, is fundamentally different from the server-side approach described in Attentive's patents. The court systematically considered each of Attentive's infringement theories and explained why each one was meritless.
"For years, Attentive has tried to use its patents and aggressive litigation to stifle competition, claiming its technology was the only way. This ruling proves they were wrong," said Adam Turner, CEO and Co-Founder of Postscript. "Our team independently developed a superior approach that the court has now validated as our own. We are proud to have stood our ground for true innovation, and this outcome should give every e-commerce brand confidence that they are building their business on a legally and technically sound platform."
The summary judgment ruling brings an immediate end to Attentive’s claims, validating Postscript's long-held position as a market leader committed to independent innovation and compliance. Attentive’s strategy of using meritless patent claims to attack its competition has been definitively rebuffed.
"This victory is a clear signal to the market that building a great product is more powerful than Attentive’s strategy of bullying competitors in the courtroom," added Turner. "With this distraction behind us, we can focus entirely on what we do best: pioneering the future of conversational commerce and delivering superior results for our customers."
In addition to ruling that Postscript does not infringe Attentive’s claim, the federal court 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 the leading SMS marketing and sales platform for e-commerce brands. By combining deep Shopify integration with advanced AI, Postscript empowers merchants to build an engaged subscriber list, create and 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, to turn text messaging into their #1 revenue channel.
Media Contact:
Emilie Gerber | Six Eastern
emilie@sixeastern.com
