The case is The Only Card, LLC v. Shree Dutt of Baxley, Inc., dba Express Shop, No. 2:26-cv-00121 (S.D. Ga.), filed November 2, 2026 in the Brunswick Division. The complaint describes The Only Card as a Georgia limited liability company based in Suches, Georgia, and the defendant as a Georgia corporate entity based in Baxley, Georgia. The complaint is titled a complaint for patent infringement and pleads direct infringement under the Patent Laws, including 35 U.S.C. § 271. The Only Card demands a jury.

The patent

U.S. Patent 8,152,059, titled "Secure commercial transactions system," issued April 10, 2012. The complaint says The Only Card owns the patent by a duly recorded assignment.

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

Count I alleges direct patent infringement. The complaint alleges, on information and belief, that the defendant infringes by using a transactional device in the form of a card with a point of purchase machine in commercial transactions with customers in the district. It points to a claim chart attached as Exhibit B for claims 1, 12, 14, 15, 16, and 21, and says those infringement allegations are preliminary. It says The Only Card is a non-practicing entity with no products to mark and that it has pled all statutory requirements to obtain pre-suit damages for over the past six years under 35 U.S.C. § 286.

Relief sought

The prayer asks for a judgment that the patent is valid and enforceable and has been infringed, an accounting and award of the defendant's profits and the plaintiff's damages, costs, prejudgment and post-judgment interest, and other relief the court deems proper.

Docket activity

On the filing day the clerk issued a summons, and Magistrate Judge Benjamin W. Cheesbro signed a Rule 26(f) order. The docket also shows a pro hac vice motion, a clerk's deficiency notice directing The Only Card to correct and refile the Form AO 120 patent report by November 9, 2026, and The Only Card's notice regarding the report on the filing of an action regarding a patent or trademark (ECF No. 6).

What to watch next

Watch for service and the defendant's answer or motion to dismiss.