Wesley Stryker

I tweet about ecommerce and sms marketing. Former 6-figure ecommerce business owner.

[Wesley Stryker @wesleystryker]

@kennyhanson Let’s gooo Kenny! 📈📈

[Wesley Stryker @wesleystryker]

@funneloftheweek Norse

[Wesley Stryker @wesleystryker]

@brock_mammoser @PostscriptIO Welcome back 🤝

[alex beller 💬 AI Retention @ringmybeller]

I have major news to share. But I wanted to let this play out in court before I spoke about it here.

Over 2.5 years ago @attentiveHQ sued @PostscriptIO for patent infringement over their “two tap” technology. And in the years since, they’ve spent millions of dollars on lawfare, preferring to push a weak infringement case vs competing in the market with innovation.

Well a few weeks ago, a US District Court in Delaware 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 threw out all of Attentive’s claims.

Pretty good 🙂

But that's not the end of the story…

In an effort to defend ourselves against their lawfare, we countersued. And last week, a jury in Delaware found Attentive liable for infringement on our Campaign Flows patent, and awarded us over $1.5M in damages.

Yep–you read that right. They sued us, and ended up being the liable party + paying us damages.

Now that’s justice. Maybe the biggest Uno Reverse Card I can remember.

But, I still have a sour taste in my mouth.

Why? Well, Attentive wasn’t exactly silent about their allegations over the last few years. They’ve left the market with the impression that Postscript infringed on their IP, which a court found to be false.

But is anyone really surprised they went this route? Unfortunately, it’s extremely on brand.

Ever since we exposed their bullying antics with phone number list holding, or pushed back on some of their other aggressive tactics over the years, we haven’t exactly been Attentive’s favorite. So we figured something like this might happen.

The funny thing is, we aren’t against the idea of protecting your IP, especially when it’s actually innovative and the facts are strong. Postscript has a bunch of patents. But, in our opinion, their litigation was never about protecting intellectual property.

And so they sued us. Without merit, as the Court has now found. In fact, Onsite Opt In replaced Two Touch popups over a year ago and has shown superior results consistently for merchants. But Attentive wanted to keep the suit going, clearly prioritizing lawfare and bullying over building better products for customers.

Did they learn their lesson from the list holding controversy? Nope. Because this was always about a larger company that’s raised enormous sums of money with a historical pattern of bully tactics trying to push around a smaller, more innovative competitor. One that's become a thorn in their side, that they're afraid to compete with in the market.

It’s a bummer they behave this way, because (contrary to what you might believe) we do welcome healthy competition.

We want brands to win, we want the market to win, and it’s been frustrating to have to correct the record that we did not infringe on Attentive’s IP. At the same time, they’ve been banging the drum for years that they had a unique, disruptive technology that was exclusive to Attentive that could only be used by Attentive customers. That’s why we felt it was so important to defend ourselves and our customers and prove that Attentive didn’t really own what they said they did.

And of course along the way, we did what we are known for, we innovated and launched something WAY more performant for list growth - Onsite Opt In. We left the outdated technology behind while Attentive continued litigating, burning resources on the past rather than innovating for the future.

I truly wonder what their calculus has been–they’ve spent millions on this meritless lawsuit, all to have a court and jury declare that (1) Postscript’s two touch popups did not infringe and (2) in fact Attentive has been the one infringing on Postscript’s IP. Has this been a good use of time and money? What is the strategy over there? Why do they behave like this?

Whatever the reason, we are proud to be vindicated by the court in this way. We will continue to do what we always do - innovate on behalf of our customers to make their SMS program as performant as possible. In fact, we’ve been so successful at innovation, Attentive has had to use our patented technology to keep up. We’ll continue setting the pace on behalf of Postscript customers everywhere.

More to come, I’m sure. We will keep fighting the good fight. Thanks for your continued support!

[Wesley Stryker @wesleystryker]

@troypetrunoff @ouraring Whoop is worth the extra $$. Both give you similar data, but Whoop will help you take action on it.

[Wesley Stryker @wesleystryker]

@businessbarista Life map

[Wesley Stryker @wesleystryker]

@rbfasho Great idea. Can’t DM. Would love access

[Wesley Stryker @wesleystryker]

@podriscoll_ecom @brian_blum1 is your guy

[Wesley Stryker @wesleystryker]

@seempaq You are THE biscuitier

[Wesley Stryker @wesleystryker]

😤😤

[alex beller 💬 AI Retention @ringmybeller]

Today, with the launch of Postscript AI, we're giving marketers superpowers.

And we're pretty excited about it, so we went big and made a thing (cc @PostscriptIO):

[Wesley Stryker @wesleystryker]

@seempaq @BryanDickey_ @PostscriptIO 😘

[Wesley Stryker @wesleystryker]

@troypetrunoff Congrats dude!!

[Wesley Stryker @wesleystryker]

@sawyercovington Looks like the only thing you’re missing is two more 45s. How else are you supposed to rep 225??

[Wesley Stryker @wesleystryker]

@seempaq You’re my hero

[Wesley Stryker @wesleystryker]

@seempaq @katieeperry Lol if it was me she would have signed already 😉

[Wesley Stryker @wesleystryker]

@zachmstuck @brian_blum1

[Wesley Stryker @wesleystryker]

@brian_blum1 @amped_io @sawyercovington My opt in rates doubled after seeing this pic

[Nate Lagos📝📈 @natelagos]

BIG ANNONCEMENT in honor of MLB Opening Day⚾️:

We're hosting a private suite at Yankee Stadium with @PostscriptIO on April 9th for brand leaders (the night before the Whalies).

Only a few seats left! DM me if you're interested!