The declaratory judgment states that SecureBuy does not infringe any valid claim of United States Patent Nos. 8,140,429 ("the '429 Patent"), 7,051,002 ("the '002 Patent"), and 7,693,783 ("the '783 Patent") (collectively "the 3-D Secure Patents"), or in the alternative, that the claims of the CardinalCommerce Patents are invalid. Additionally, SecureBuy has filed petitions with the United States Patent and Trademark office to have these CardinalCommerce patents also placed into post grant review. The legal action was provoked by CardinalCommerce.

SecureBuy is presently offering its SecureBuy 2.0, 3-D Secure MPI to merchants worldwide on a no charge basis in an attempt to lower (CNP) card not present payment fraud globally through expanded adoption of 3-D Secure consumer authentication. SecureBuy's belief and understanding is that Visa developed and patented 3-D Secure over a decade ago. 3-D Secure is better known by merchants and consumers as Verified by Visa®, MasterCard® SecureCode™ and American Express SafeKey®. SecureBuy feels with a risk-based deployment that 3-D Secure is the most advanced consumer payer authentication solution ever created. With over 250 million registered cardholders and over a million merchants worldwide, 3-D Secure is the most widely deployed active consumer authentication solution.