The case is The Only Card, LLC v. Shemil 2011, Inc., No. 2:26-cv-00107 (S.D. Ga.), filed October 13, 2026 in the Brunswick Division. The complaint is titled a complaint for patent infringement and pleads infringement under 35 U.S.C. 271. The Only Card is represented by John W. Carpenter, whose pro hac vice admission is pending, and Austin & Sparks, P.C., and demands a jury.
The patent
U.S. Patent 8,152,059, titled "Secure commercial transactions system," issued April 10, 2012. Google Patents lists it with an expired status and an adjusted expiration date of April 17, 2026. The complaint says The Only Card owns the patent by assignment recorded with the USPTO.
What the patent covers
Claim 1 covers a secure commercial transaction system built around a transactional device in the form of a card, key fob, article of jewelry, lipstick, face powder compact, money clip, or purse, with a microprocessor, data memory storage, and a transmitter. Operation requires user identification confirmation: a user input matched against stored identification data activates either a first operational mode or, for a second input matched against different stored data, a second mode that starts an automated transmission from the transmitter.
The dependent claims add that the first mode enables a transaction whose data is stored and retrievable (claim 12), that the device tracks use details for direct marketing (claim 14), that it directs transactions through a platform such as a point of purchase machine or automated teller machine (claim 15), that it supports wireless remote transactions (claim 16), and that it holds data for several credit card accounts (claim 21).
What the lawsuit is about
The complaint alleges, on information and belief, that the defendant infringes by using a card together with its point of purchase machines or ATMs in transactions with customers. It relies on a claim chart filed as Exhibit B. It says The Only Card has no products to mark and seeks damages for the period allowed by 35 U.S.C. 286, which bars recovery for infringement more than six years before the complaint.
What to watch next
Watch for service, the defendant's answer or motion to dismiss, and any early resolution entry on the docket.