Case 1:20-cv-04857-AT Document 1 Filed 12/01/20 Page 1 of 8

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION

JEFFREY L. EVANS, and :

DUVALL & EVANS, INC., :
: Case No. ____________________
Plaintiffs, :
:
v. :
:
BEARBACK, LLC, : PLAINTIFFS DEMAND TRIAL
and JAMES M. DUVALL, : BY JURY ON ALL CLAIMS SO
: TRIABLE
Defendants. :

COMPLAINT

Plaintiffs, Jeffrey L. Evans and Duvall & Evans, Inc., bring this action

against defendants, Bearback, LLC, and James M. Duvall, and allege:

Allegations Common to all Counts

1. Jeffrey L. Evans (“Evans”) is a citizen and resident of Panama City,

Florida.

2. Duvall and Evans, Inc. (“D&E”) is a Florida corporation with its

principal place of business in Panama City, Florida. At all pertinent times, D&E

had two shareholders, Evans and James M. Duvall (“Duvall”), each of whom own

50% of the company. Evans is the President of D&E.

3. Defendant Duvall is, on information and belief, a citizen and resident

of Suwanee, Georgia 20024. Duvall is the named inventor on United States Patent
 Case 1:20-cv-04857-AT Document 1 Filed 12/01/20 Page 2 of 8

Number D825,192 (“the ‘192 Patent”), which claims a novel design for a back-

scratcher device. A copy of the ‘192 Patent is attached as Exhibit A.

4. Duvall assigned all of his right, title and interest in the ‘192 Patent to

D&E by virtue of an “Assignment of Patent Rights” dated August 8, 2017. A copy

of the August 8, 2017 Assignment is attached as Exhibit B.

5. Defendant Bearback, LLC (“Bearback”) is, on information and belief,

a Georgia limited liability company with its principal place of business in

Alpharetta, Georgia.

6. On March 28, 2018, Duvall wrote an email unilaterally declaring the

August 8, 2017 assignment to D&E “null and void” due to an alleged breach by

Evans of a “Post Incorporation Agreement” dated May 15, 2017.

7. Thereafter, on information and belief, Duvall, through a series of

transactions, purported to assign the rights in the ‘192 Patent to an entity called

The Boulevard Group, LLC (“TBG”), which he owned or controlled, and then

caused TBG to purportedly assign the rights in the ‘192 Patent to Bearback. A

copy of an assignment, signed by Duvall, from TBG to Bearback is attached as

Exhibit C.

8. On information and belief, Bearback is selling and offering for sale a

backscratcher device that infringes the ‘192 Patent and D&E’s rights thereto (“the

Accused Product”).

2
 Case 1:20-cv-04857-AT Document 1 Filed 12/01/20 Page 3 of 8

9. Through this action, D&E seeks to stop Bearback’s illegal conduct

and to obtain damages and equitable relief for the intellectual property violations

that have occurred.

10. This is an action for, inter alia, patent infringement arising under 35

U.S.C. § 101 et seq. This Court has subject matter jurisdiction under 28 U.S.C. §§

1331 and 1338(a). As to Plaintiffs’ non-patent infringement claims that are

cognizable under substantive state law, this Court has supplemental subject matter

jurisdiction under 28 U.S.C. § 1367.

11. This Court has personal jurisdiction over Bearback because it has

committed and continues to commit acts of infringement in violation of 35 U.S.C.

sec. 271 and places the accused product into the stream of commerce in this

District, with the knowledge or understanding that the accused product is sold in

this District.

12. Venue is proper in this judicial district pursuant to 28 U.S.C. §

1400(b) because both Duvall and Bearback reside in this District.

Count I: Patent Infringement (Bearback)

13. D&E incorporates and realleges as if fully set forth herein paragraphs

1 through 12 of this Complaint.

3
 Case 1:20-cv-04857-AT Document 1 Filed 12/01/20 Page 4 of 8

14. The ‘192 Patent was duly and legally issued by the United States

Patent and Trademark Office on August 14, 2018 after full and fair examination.

D&E is the owner of the ‘192 Patent.

15. The resemblance between the Accused Product and the ‘192 Patent is

such as to deceive an ordinary observer and the Accused Product is virtually

identical in design to the patented design.

16. Through its principal Duvall, and also through a cease and desist letter

dated May 11, 2020, a copy of which is attached as Exhibit D, Bearback is well

aware of the ‘192 Patent and D&E’s ownership thereof, yet it continues to

manufacture and sell the Accused Product through chains including, but not

necessarily limited to, amazon.com.

Count II: Inducement of Infringement (Duvall)

17. D&E incorporates and realleges as if fully set forth herein paragraphs

1 through 12 of this Complaint.

18. On information and belief, Duvall is the father of Bearback’s

principal, Jon Duvall. Accordingly, as a person with control and influence over

Bearback, Duvall has induced Bearback to infringe the ‘192 Patent, in that:

a. As the named inventor on the ‘192 Patent, Duvall had actual

knowledge of the patent claims; and

4
 Case 1:20-cv-04857-AT Document 1 Filed 12/01/20 Page 5 of 8

b. Duvall knew that his activities would lead to the infringement

of the ‘192 Patent, as specified above.

Count III: Breach of Contract/Wrongful Dissolution (Duvall)

19. On or about May 15, 2017, Evans and Duvall entered into a “Post

Incorporation Agreement,” a copy of which is attached as Exhibit E.

20. The Agreement provides that Evans and Duvall would each own 50

shares of stock in D&E and that Evans and Duvall would constitute the initial

Board of Directors. Evans is designated as the President of the company. The

Agreement further provides that “[a]ll products which are developed by the parties

hereto agree that the products shall be owned by the corporation,” and that “[t]he

parties to this Agreement agree that for the period of time they are associated with

this corporation, they shall not in any way compete with other individuals or

entities in business of this corporation.”

21. On October 29, 2019, Duvall caused “Articles of Dissolution” of

D&E to be filed with the Florida Secretary of State. A copy of the Articles of

Dissolution is attached as Exhibit F.

22. In the Articles of Dissolution, Duvall states that "[a] majority of the

directors authorized the dissolution.” (Ex. D, para. 7).

23. Evans at no time authorized the dissolution of the company and the

statement to that effect in the Articles of Dissolution is fraudulent and wrongful.

5
 Case 1:20-cv-04857-AT Document 1 Filed 12/01/20 Page 6 of 8

24. Duvall breached the Post Incorporation Agreement by wrongfully

dissolving D&E without the authorization of a majority of the shareholders or

Board of Directors, which would have required Evans’ authorization, and by

wrongfully cutting Mr. Evans out of the business, transferring ownership of the

patent rights to Bearback, LLC, thereby competing with Duvall & Evans, Inc.

25. Evans has been damaged by Duvall’s breaches.

Prayer for Relief

WHEREFORE, Evans and D&E respectfully request judgment in their favor

and against defendants, as follows:

a. A judgment in favor of D&E that Bearback has infringed the ‘192

Patent;

b. A temporary restraining order and/or preliminary injunction, as well

as a permanent injunction, against Bearback and its officers, owners,

directors, agents, servants, affiliates, employees, divisions, branches,

subsidiaries, parents, and all others acting in active concert therewith

from infringing the ‘192 Patent;

c. A judgment and order requiring Bearback to pay D&E a reasonable

royalty and/or its profits from sales of the Accused Product, as well as

damages, costs, expenses, and pre- and post-judgment interest for its

infringement of the ‘192 Patent as provided under 35 U.S.C. §§ 284

6
 Case 1:20-cv-04857-AT Document 1 Filed 12/01/20 Page 7 of 8

and 289, and treble damages if any of the infringement is determined

to be willful;

d. A judgment and order finding that this is an exceptional case within

the meaning of 35 U.S.C. § 285 and awarding to D&E its reasonable

attorneys' fees and non-taxable expenses;

e. A judgement that Duvall is liable as an infringer, pursuant to 35

U.S.C. sec. 271(b), to the same extent as Bearback;

f. A judgment in favor of Evans and against Duvall for breach of the

Post Incorporation Agreement and awarding damages based on said

breach; and

g. Any other remedy to which D&E may be entitled.

L.R. 5.1 (C) CERTIFICATE OF COMPLIANCE

Per Local Rule 5.1(C), I certify that this document was prepared per

L.R. 5.1(B) in Times New Roman, 14-point typeface.

Respectfully submitted this 1st day of December, 2020.

WEATHINGTON, LLC

/s/ Paul Weathington

Paul E. Weathington
Georgia Bar No. 743120
Zachary Fuller
Georgia Bar No. 641810

7
Case 1:20-cv-04857-AT Document 1 Filed 12/01/20 Page 8 of 8

191 Peachtree Street, N.E.

Suite 1900
Atlanta, Georgia 30303
(404) 524-1600 – telephone
(404) 524-1610 - facsimile
pweathington@weathington.com
zfuller@weathington.com

AUSLEY & McMULLEN, P.A.

Martin B. Sipple
(Pro Hac Vice forthcoming)
Fla. Bar No. 0135399
Steven M. Hogan
(Pro Hac Vice forthcoming)
Fla. Bar No. 0085058

123 South Calhoun Street

P.O. Box 391 (zip 32302)
Tallahassee, Florida 32301
(850) 224-9115 – telephone
(850) 222-7560 – facsimile
msipple@ausley.com
shogan@ausley.com
Attorneys for Plaintiffs

8
 Case 1:20-cv-04857-AT Document 1-1 Filed 12/01/20 Page 1 of 20

1111111111111111111111111111111181111!11111111111111111111111111

(12) United States Design Patent (10) Patent No.: US D825,192 S

Duvall (45) Date of Patent: ** Aug. 14, 2018

(54) BACK INVIGORATOR BRUSH (74) Attorney, Agent, or Finn - Dennen IP Law, LLC

(71) Applicant: Jim Duvall, Alpharetta, GA (US) (57) CLAIM

I claim the ornamental design for a back invigorator brush,
(72) Inventor: Jim Duvall, Alpharetta, GA (US) as shown and described herein.
(73) Assignee: The Boulevard Group, LLC, DESCRIPTION
Alpharetta, GA (US)
FIG. 1 is a top perspective view of a back invigorator brush
(**) Tenn: 15 Years in accordance with the present disclosure.
FIG. 2 is a bottom perspective view of the back invigorator
(21) Appl. No.: 29/622,614 brush depicted in FIG. 1.
FIG. 3 is a brush end view of the back invigorator brush
(22) Filed: Oct. 18, 2017 depicted in FIG. 1.
(51) LOC (11) Cl. 04-99 FIG. 4 is a side view of the back invigorator brush depicted
(52) U.S. Cl. in FIG. 1.
USPC D4/134; D4/132 FIG. 5 is a handle end view of the back invigorator brush
(58) Field of Classification Search depicted in FIG. 1.
USPC D4/116, 118, 129, 130, 131, 132, 134, FIG. 6 is an opposing side view of FIG. 4 of the back
D4/136, 138; D28/63, 64.1, 64.3, 64.4, invigorator brush depicted in FIG. 1.
D28/91.2 FIG. 7 is a back view of the back invigorator brush depicted
in FIG. 1.
(Continued) FIG. 8 is a front view of the back invigorator brush depicted
(56) References Cited in FIG. 1.
FIG. 9 is a top perspective view showing the back invigo-
U.S. PATENT DOCUMENTS rator brush depicted in FIG. 1 collapsed.
FIG. 10 is a bottom perspective view showing the back
1,097,630 A * 5/1914 Hollingsworth A46B 11/0041 invigorator brush depicted in FIG. 1 collapsed.
285/242 FIG. 11 is a brush end view of the back invigorator brush
D77,115 S * 12/1928 Mowry D28/7 collapsed as depicted in FIG. 9.
(Continued) FIG. 12 is a side view of the back invigorator brush
collapsed as depicted in FIG. 9.
OTHER PUBLICATIONS FIG. 13 is a hinge end view of the back invigorator brush
collapsed as depicted in FIG. 10.
Wayback Machine --Adjustable Scrubber, announced Oct. 6, 2016 FIG. 14 is a side view of the back invigorator brush
[online], [site visited Jun. 21, 2018]. Available from internet, URL:
collapsed as depicted in FIG. 10.
<https://web.archive.org/web/20161006031021fhttp://en.uniki a. FIG. 15 is a top view of the back invigorator brush collapsed
com/metimespai> (Year: 2016).* as depicted in FIG. 9; and,
(Continued) FIG. 16 is a bottom view of the back invigorator brush
collapsed as depicted in FIG. 9.
Primary Examiner - Keli L Hill
Assistant Examiner - Karra S Johnson 1 Claim, 8 Drawing Sheets

EXHIBIT
 Case 1:20-cv-04857-AT Document 1-1 Filed 12/01/20 Page 2 of 20

US D825,192 S
Page 2

(58) Field of Classification Search 1)416,645 S *11/1999 Spudeno D28/7

CPC A45D 24/14; A45D 24/16; A46B 3/005; D434,564 S *12/2000 Harada 1)4/110
D453,599 S * 2/2002 Backman 1332/49
A46B 5/00; A46B 5/02; A46B 5/021; D463,669 S * 10/2002 Chill 1)4/115
A46B 9/02; A46B 9/021; A4613 9/023; 13483,536 S * 12/2003 Martin D28/18
A46B 13/001; A46B 13/008; A46B D544,775 S * 6/2007 Cybulski D8/300
15/0055; A46B 15/0081; A46B 15/0087; 1)588,767 S * 3/2009 Libman 1)32/41
A46B 17/02; A46B 2200/30; A46B D593,755 S * 6/2009 Mendez D4/118
13597,315 S * 8/2009 Hoffelner D4/118
2200/104; A46B 2200/106; A46B D685,550 S * 7/2013 Tronconi 1332/40
2200/202; A46B 2200/205; A46B D703,406 S * 4/2014 Meyer D32!41
2200/207; A46B 2200/304; A46B D709,757 S * 7/2014 Yang D8/395
2200/1006; A46B 2200/1046; A46B D715,061 S * 10/2014 Schouten D4/133
2017/0340188 Al* 11/2017 Rylands ......... ......... A47L 13/08
2200/1053; A46B 2200/3006; A46B
2200/3033; A46B 2200/3093
See application file for complete search history. OTHER PUBLICATIONS

(56) References Cited Wayback Machine-Back Scratcher, announced Jun. 21. 2018
[online], [visited Jun. 21, 2018]. From intemet, URL: <https://web.
U.S. PATENT DOCUMENTS archive.org/web/20180621154135/https: //www.aliexpress.com/
item/Adjustable-Back-Scratcher-Massager-Claw-bent-Stick-Shoul-
D222,794 S * 1/1972 Vallis D4/138 der-Full-Body-Head-Brush-Massager-practica1/32820087427.
4,206,547 A * 6/1980 Tanaka A61C 3/08 html> (Year: 2018).*
433/141 Wayback Machine-Bath Brush, announced Jun. 21, 2018 [online],
D307,963 S * 5/1990 Newman, Sr. D32/41 [site visited Jun. 21, 2018]. Available from internet, URL: <https://
D318,157 S * 7/1991 Perior 1332/41
D332,153 S * 12/1992 Butler D28/7
web.archive.org/web/20180621154048/https://www.aliexpress.
D346,496 S * 5/1994 Berghash D4/108 com/item/Bath-Brush-3-in-l-Long-Handle-Foldable-Body-
D360,505 S * 7/1995 Goodman 1332/41 Shower-Cleaning-Brush-for-Back-Scmb-Skin/32847612478.html>
D375,8I6 S * 11/1996 Long-Langworthy D28/63 (Year: 2018).*
13379,230 S * 5/1997 Mark D24/152
13410,788 S * 6/1999 Rangel D4/104 * cited by examiner
 Case 1:20-cv-04857-AT Document 1-1 Filed 12/01/20 Page 3 of 20

U.S. Patent Aug. 14, 2018 Sheet 1 of 8 US D825,192 S

 Case 1:20-cv-04857-AT Document 1-1 Filed 12/01/20 Page 4 of 20

U.S. Patent Aug. 14, 2018 Sheet 2 of 8 US D825,192 S

CN
 Case 1:20-cv-04857-AT Document 1-1 Filed 12/01/20 Page 5 of 20

U.S. Patent Aug. 14, 2018 Sheet 3 of 8 US D825,192 S

Lo

b
fr.
 Case 1:20-cv-04857-AT Document 1-1 Filed 12/01/20 Page 6 of 20

U.S. Patent Aug. 14, 2018 Sheet 4 of 8 US D825,192 S

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 Case 1:20-cv-04857-AT Document 1-1 Filed 12/01/20 Page 7 of 20

U.S. Patent Aug. 14, 2018 Sheet 5 of 8 US D825,192 S

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 Case 1:20-cv-04857-AT Document 1-1 Filed 12/01/20 Page 11 of 20

ASSIGNMENT OF PATENT RIGHTS

WHEREAS, I, Tarne5 if). Dim, , of 0- DUV A LL)

("Assignor"), am an inventor of certain new improvements and ornamental designs in a back scratcher device
known as the Bareback Scratcher. (the "Invention(s)"), said invention and information relating to said improvements
and/or designs being associated with and stored in File Number 435.4-100 of AdanasIP, LLC, for which one or more
U.S. and International design patent applications has and/or will be filed, and

WHEREAS, Duvall & Evans, Inc., a Florida Corporation having an address located at 8700 Front Beach Rd.,
Executive Suites, Panama City Beach, Florida 32407, (the "Assignee") desires to acquire all right, title, and interest in the
Invention, application(s), and Patent(s),

NOW THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, Assignor
hereby sells, assigns and transfers to Assignee, its successors and assigns, all right, title and interest in and to all future patent
Applications, the Invention, Inventions, or Patents therein shown and described and any improvements on the inventions and
Patents heretofore or hereafter made, any patent applications claiming priority thereto, any continuing applications, including
divisions, continuations, or continuation -in -part applications, and all patents, United States and foreign, to be granted upon
any such applications or for the invention or inventions thereof; and any reissues, continuations or extensions of the patents;
and Assignor does hereby authorize and request the Commissioner of Patents to issue all patents on the United States Patent
applications of for the invention or inventions hereof, in accordance with this assignment.

AND I HEREBY covenant that I have full right to convey the entire interest herein assigned, and that I have not
executed, and will not execute, any agreement in conflict herewith;

AND I HEREBY further covenant and agree, that I will communicate to Assignee any facts known to me respecting
said invention and Patents, and testify in any legal proceeding, sign all lawful papers, execute all divisional, continuation,
continuations -in -part, substitute and reissue applications, make all rightful oaths and generally do everything possible to aid
Assignee to obtain and enforce proper patent protection for said invention and Patents in all countries.

IN TESTIMONY WHEREOF; I hereunto set my hand this rn.1 day of

, 2017.
c* s

STATE OF OltC4fc ) &

) SS.
COUNTY OF (11-4C4)
On (14/1 , 2017, befor e undersigned, a Notary Public for the State
and County aford.aid, personally appeared
known to me or proved to me on the basis of satisfactory evidence to be the person whose name is
subscribed to the above assignment, and acknowledged that he executes e same.

--A-a450
Notary Public
.qc
27 Cc CoComm.. QV My Commission Expires:
gdi GEORGIA
r(/' Jan. 24, 2020
EXHIBIT
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 Case 1:20-cv-04857-AT Document 1-1 Filed 12/01/20 Page 12 of 20

PAT, NT ASSIGNAIENT

T IS AGR.f:,-EMENT is entered into this t_

%. : i ..
day of 4 './. y and
between THE BOULEVARD GROUP, 11,(7,
a Florida I:nutted Liability Csynpany having
located at 1250 Faircrest Crossing .Drive, AlpIraretta, an office
OA 30004 ("ASSIGNOR''), and REARRACK,
LLC, a Georgia. Limited Liablity Company having
Box 322, Alpharetta, Georgia 30004 ("ASSIGNEE").an office located at: 12850 Highway 9, Suite 600,

WITNESSETlift
WHEREAS, ASSIGNOR owns patents and patent
attached (PATENTS) and applications identified M "Schedule A"

WHEREAS, ASSIGNOR desires to sell, assign,

throughout the world to the PATENTS to ASSIGNEE; and transfer ail righ title. and interest
and
WHEREAS, ASSIGNRE is desirous am:gulling, the
aforesaid PATENTS; and entire right, title, and interest in and to the

WHEREAS, both ASSIGNOR and ASSIGNEE

such transfer shall occur. agrees oar the terms and conditions upon whiCh

NOW THEREFORE, for good and valuable

of which are hereby aticnowledged: consideration, the receipt sufficiency and adequacy

1. ASSIGNMENT

ASSIGNOR hereby sells, assigns, and transfers

to ASSIGNEE., its successors, and assigns, the
entire. right, title, and interest throughout the world in and to the Invention, including
patent applications and patents of every country Ihr any and all
pro visitant's, non-provisionals,divisiorials, said invention, also including all
other applications for patent which have been continuationa, substitutes, renewals, reissues, and all
or shall be filed in the United States and all foreign
countries 1)11 any of such inventions andlor
itrgenovements to said invention: all original and
reissued patents which have been or shall he issued
on said inventions and/or in the United States and all foreign countries
improvements; and specifically including the right
applications under the provisions of am.., convention to file foreign
application in the kInited States. or treaty and claim priority based on such

2. REPRESENTATIONS & WARRANTIES

A. ASSIGNOR hereby represents and warrants that

other agreement affecting the rights andspropertyno assignment, grant; mortgage, license, or
to others by the. undersimed, and that the full rightherein conveyed has been or will be made
possessed by the undersigned; and to convey the same as herein expressed is

B. ASSIGNOR hereby repte,vnts and warrants, when

ASSIGNEE, to catty out in good faith the intent requested, and at the expense of the
and purpose of this assignment, the
undersigned will execute all papers useful in connection
with said united Stags and foreign
applications, including provisional, divisional, =tinning,
all other patent applIcatiom oat any and all said substitute, renewal, reissue, and
rightful oaths, declarations, assipments, powers invention and/or improvements; execute all
of attorney, and other useful
communicate to the ASSIGNEE all facts known papers;
to the undetsigned relating to said invention
andlor improvemetft and the history thereof;
and generally do everything possible which the

Page I of 2
Assignment
EXHIBIT
PATENT
REEL: 048086 FRAME: 0958
 Case 1:20-cv-04857-AT Document 1-1 Filed 12/01/20 Page 13 of 20

ASSIGNEE, ha suoctmors, assigns, and nominees shall consider

desirable for vest ing title to
saki Invention antlfor immvements, and fax seeming, maintaining
and enforcing proper
patent protection for said invention asxtfor improvetneft.

3. AUTHORIZATION

ASSIGNOR hereby authorizes aTtii requests the Commis.sioner

for Noents, or other issuing
authority, to issue any )and all United States and foreign patents granted
improvements to the above-named ASSIGNEE, its for said Invention andlor
successors, and assigns.

TO BE BINDING on the beim assigns, represcruativm, and

mend to the s successors of the ASSIGNOR and
-aceessors assigns, and nominees of the ASSIGNEE.

rim BOULEVARD GROU

By Signature:
Date:/- :?-1/
Printed Name:

COUNTY OF

STATE OF a. ik
BEFORE ME, the tilidersigne4 authority, on
441 day l'Ot of
ct pasonaily appeartla
executed the foregoing in lodged to311e he
of his own free will for t e 'proses d consideration theivin
expressed.

My COMIlliSSIOIL expires on:

Page 2 of 2 AmigArneln

PATENT
REEL: 048086 FRAME: 0959
 Case 1:20-cv-04857-AT Document 1-1 Filed 12/01/20 Page 14 of 20

SCHEDULE A

?mots for transfer

US PATENTS
DS25192, etAttled Back Invigorator BrInh

US PATENT APPLICATIONS
161037,989, entitled Baek-invigunuor Brush. Roller,
and Loofa

Page or 2
Amignment

PATENT
RECORDED: 01/17/2019 REEL: 048086 FRAME: 0960
 Case 1:20-cv-04857-AT Document 1-1 Filed 12/01/20 Page 15 of 20

AUSLEY MCMULLEN
ATTORNEYS AND COUNSELORS AT LAW
123 SOUTH CALHOUN STREET
P.O. BOX 391 (ZIP 32302)
TALLAHASSEE, FLORIDA 32301
(850) 224-9115 FAX (850) 222-7560

May 11, 2020

VIA EMAIL AND CERTIFIED MAIL, RETURN RECEIPT REQUESTED

Jim Duvall
3651 Peachtree Parkway
Suite E-256
Suwanee, Georgia 20024
Jd30097(a)gmail.com

Re: Infringement of U.S. Patent No. D825,192

Dear Mr. Duvall:

This firm represents Jeffrey Evans. As you know, Mr. Evans is the President of Duvall
and Evans, Inc. ("D&E"). D&E is the assignee of United States Patent Number D825,192 ("the
`825 Patent"), which claims a back -scratcher device. It has come to our attention that you or an
entity that you control is making, using and/or selling a back -scratcher device as claimed in the
`825 Patent. This activity is unlawful.

Mr. Evans demands that you immediately cease and desist any further infringement of the
`825 Patent, which is duly owned by D&E. In this regard, please note that a patent assignor
cannot unilaterally declare an assignment null and void based on an alleged breach by the
assignee of a separate agreement, but instead must seek redress through proper judicial
procedures. See, e.g., Jim Arnold Corp. v. Hydrotech Systems, Inc., 109 F.3d 1567, 1578 (Fed.
Cir. 1997) ("we have found no authority to support the proposition that, following a breach of the
assignments, the plaintiff could unilaterally declare the agreements null and void and thereby
reobtain ownership of the patents that are covered by the assignments"). Similarly, we note that
the purported "Articles of Dissolution" of D&E that you filed with the Florida Secretary of State
on October 29, 2019, are invalid because, contrary to the representation therein, the purported
dissolution was not authorized by a "majority of the directors."

Mr. Duvall, please provide written assurance within ten days of your receipt of this letter
that you (and any related entities) will comply with this demand, or propose other steps to
remedy the situation.

Thank you for your anticipated cooperation and please do not hesitate to contact me if
you wish to discuss this matter further.

EXHIBIT
 Case 1:20-cv-04857-AT Document 1-1 Filed 12/01/20 Page 16 of 20

May 11, 2020

Page 2

Very truly yours,

/s/Martin B. Sipple

Martin B. Sipple

MBS/Icr

cc: Steve Hogan

 Case 1:20-cv-04857-AT Document 1-1 Filed 12/01/20 Page 17 of 20

POST INCORPORATION AGREEMENT

This Post Incorporation Agreement is made and entered into this /day
of May, 2017 by and between James M. Duvall and Jeffrey L. Evans, hereinafter
collectively referred to as "Shareholders".

1. Shareholders have formed a corporation under the laws of the

State of Florida with Articles of Incorporation having been filed on April 27, 2017.

2. The corporation shall exist as Duvall & Evans, Inc., having its principal
place of business located at 8700 Front Beach Road, Executive Suites, Panama
City Beach, Florida 32407.

3. While the corporation was formed and authorized to do all legal

business, the primary business of the corporation will be to develop products,
prototypes, videos and sales aids, all of which shall be patented or
trademarked, as the case may be, for the sale of products to third parties. The
corporate purpose stated above shall be subject to the following:

3.1 The development of the products for the corporation shall

remain confidential and shall not be divulged to third parties.

3.2 The parties to this Agreement agree that for the period of time
they are associated with this corporation, they shall not in any
way compete with other individuals or entities in business of
this corporation.

3.3 All products which are developed by the parties hereto

agree that the products shall be owned by the corporation,
who shall either patent or trademark such products in the
corporate name.

4. The initial product developed is known as the "BareBack Back

Scratcher" which shall be patented by the corporation.

5. The corporation will issue a total of 100 shares of its common stock

Page 1 of 3

EXHIBIT
 Case 1:20-cv-04857-AT Document 1-1 Filed 12/01/20 Page 18 of 20

to the individuals as listed below:

James M. Duvall 50 shares

Jeffrey L. Evans 50 shares

All shares shall have equal rights in voting of matters submitted to the
Shareholders. No additional shares shall be authorized or issued unless all
Shareholders agree in writing.

6. The following consideration shall be paid to the corporation for the

issuance of the shares of stock:

James M. Duvall 20,000

Jeffrey L. Evans 30,000

7. Jeffrey L. Evans shall advance to the corporation the initial

contribution by James M. Duvall in the amount of $20,000.00 which shall be
reimbursed to Jeffrey L. Evans upon receipt of James M. Duvall's BP Oil Spill
Claim which is anticipated to be paid in the month of July, 2017.

8. The Shareholders agree that all profits from the operation of the
corporation shall be distributed equally to the Shareholders in a manner to be
determined by the Directors of the Association.

9. The shares will be issued under Section 1244 of the Internal Revenue
Code and the corporation will elect S Corporation status and each Shareholder
will sign the IRS Election form consenting to such status.

10. The Shareholders will constitute the initial Board of Directors of

the Corporation.

11. The initial officers of the corporation will be:

Jeffrey L. Evans President

James M. Duvall Vice President and Secretary

12. The Shareholders shall cause organization minutes to be prepared

for the corporation incorporating the agreements contained herein and shall
adopt appropriate By -Laws for the corporation.

Page 2 of 3
 Case 1:20-cv-04857-AT Document 1-1 Filed 12/01/20 Page 19 of 20

13. The Shareholders, Officers and Directors of the corporation agree

that they shall spend such time and expend such efforts as may be required to
carry out the business of the corporation.

14. The business checking account as established by the corporation

and all checks or other disbursements from the account in excess of $200.00
must be agreed to by both Shareholders. This $200.00 limitation shall also apply
to debit cards or credit cards in the name of the corporation.

15. No Shareholder may sell, transfer or otherwise encumber any shares

of stock owned by him without first obtaining the approval of the other
Shareholder. In the event the other Shareholder does not consent, the other
Shareholder shall purchase the transferring Shareholder's interest for the fair
market value of his shares of stock to be determined by a business appraiser to
be chosen by the parties. This right to purchase shall also apply in the event of
the death of a Shareholder.

16. This Agreement binds and benefits the heirs, successors and
assignees of the parties hereto.

17. This Agreement is intended to be the entire agreement between

the parties and replaces and supersedes any and all oral agreements between
the parties.

18. This Agreement may be modified only by a writing signed by both

parties to this Agreement.

19. This Agreement shall be governed and construed in accordance

with the laws of the State of Florida.

IN WITNESS WHEREOF, the Shareholders have executed this Post

Incorporation Agreement the date and year first above written.

James M. Duvall

Page 3 of 3
 Case 1:20-cv-04857-AT Document 1-1 Filed 12/01/20 Page 20 of 20

FILED
Oct 29, 2019
Secretary of State
ARTICLES OF DISSOLUTION

Pursuant to section 607.1401, Florida Statutes, this Florida corporation submits the following Articles
of Dissolution:

FIRST: The name of the corporation as currently filed with the Florida Department of State:
DUVALL & EVANS INC

SECOND: The document number of the corporation: P17000038460

THIRD: The file date of the articles of incorporation: April 27, 2017

FOURTH: None of the corporation's shares have been issued.

The corporation has not commenced business.

FIFTH: No debt of the corporation remains unpaid.

SIXTH: The net assets of the corporation remaining after winding up have been distributed to
the shareholders, if shares were issued.

SEVENTH: A majority of the directors authorized the dissolution.

I submit this document and affirm that the facts stated herein are true. I am aware that any false information
submitted in a document to the Department of State constitutes a third degree felony as provided for in section
817.155, Florida Statutes.

Signature: JAMES M. DUVALL VICE PRESIDENT

Electronic Signature of Signing Officer, Director, Incorporator or Authorized Representative

EXHIBIT
 Case 1:20-cv-04857-AT Document 1-2 Filed 12/01/20 Page 1 of 2
JS44 (Rev. 10/2020 NDGA) CIVIL COVER SHEET
The JS44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by
local rules of court. This form is required for the use of the Clerk of Court for the purpose of initiating the civil docket record. (SEE INSTRUCTIONS ATTACHED)

I. (a) PLAINTIFF(S) DEFENDANT(S)

JEFFREY L. EVANS, and DUVALL & EVANS, INC. BEARBACK, LLC, and JAMES M. DUVALL

(b) COUNTY OF RESIDENCE OF FIRST LISTED COUNTY OF RESIDENCE OF FIRST LISTED

PLAINTIFF (OUT OF STATE) DEFENDANT Gwinnett
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)

NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND
INVOLVED

(c) ATTORNEYS (FIRM NAME, ADDRESS, TELEPHONE NUMBER, AND ATTORNEYS (IF KNOWN)
E-MAIL ADDRESS)

Paul E. Weathington and Zach H. Fuller of Weathington, Jeffrey S. Leeper of Busch, Reed, Jones & Leeper, P.C.,
LLC, 191 Peachtree St., N.E. Ste. 3900, Atlanta, GA 639 Whitlock Ave. Marietta, GA 30064;
30303; zfuller@weathington.com; 404-524-1600; jleeper@buschreed.com; 770-424-1934.
pweathington@weathington.com; 404-524-1600.

II. BASIS OF JURISDICTION III. CITIZENSHIP OF PRINCIPAL PARTIES

(PLACE AN “X” IN ONE BOX ONLY) (PLACE AN “X” IN ONE BOX FOR PLAINTIFF AND ONE BOX FOR DEFENDANT)
(FOR DIVERSITY CASES ONLY)

PLF DEF PLF DEF

1 U.S. GOVERNMENT ✔ 3 FEDERAL QUESTION 1

✔ 1 CITIZEN OF THIS STATE ✔ 4 4 INCORPORATED OR PRINCIPAL
PLAINTIFF (U.S. GOVERNMENT NOT A PARTY) PLACE OF BUSINESS IN THIS STATE
✔ ✔
2 U.S. GOVERNMENT 4 DIVERSITY 2 2 CITIZEN OF ANOTHER STATE 5 5 INCORPORATED AND PRINCIPAL
DEFENDANT (INDICATE CITIZENSHIP OF PARTIES PLACE OF BUSINESS IN ANOTHER STATE
IN ITEM III)
3 3 CITIZEN OR SUBJECT OF A 6 6 FOREIGN NATION
FOREIGN COUNTRY

IV. ORIGIN (PLACE AN “X “IN ONE BOX ONLY)

TRANSFERRED FROM MULTIDISTRICT APPEAL TO DISTRICT JUDGE
✔ 1 ORIGINAL 2 REMOVED FROM 3 REMANDED FROM 4 REINSTATED OR 5 ANOTHER DISTRICT 6 LITIGATION - 7 FROM MAGISTRATE JUDGE
PROCEEDING STATE COURT APPELLATE COURT REOPENED (Specify District) TRANSFER JUDGMENT

MULTIDISTRICT
8 LITIGATION -
DIRECT FILE

V. CAUSE OF ACTIONJURISDICTIONAL
(CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE A BRIEF STATEMENT OF CAUSE - DO NOT CITE
STATUTES UNLESS DIVERSITY)

This is an action for patent infringement arising under 35 U.S.C. § 101 et seq. This Court has subject matter jurisdiction
under 28 U.S.C. §§ 1331 and 1338(a).

(IF COMPLEX, CHECK REASON BELOW)

1. Unusually large number of parties. 6. Problems locating or preserving evidence

2. Unusually large number of claims or defenses. 7. Pending parallel investigations or actions by government.
✔ 3. Factual issues are exceptionally complex ✔ 8. Multiple use of experts.
4. Greater than normal volume of evidence. 9. Need for discovery outside United States boundaries.
✔ ✔ 10.
5. Extended discovery period is needed. Existence of highly technical issues and proof.

CONTINUED ON REVERSE
FOR OFFICE USE ONLY

RECEIPT # AMOUNT $ APPLYING IFP MAG. JUDGE (IFP) ______________________

JUDGE MAG. JUDGE NATURE OF SUIT CAUSE OF ACTION______________________

(Referral)
 Case 1:20-cv-04857-AT Document 1-2 Filed 12/01/20 Page 2 of 2
VI. NATURE OF SUIT (PLACE AN “X” IN ONE BOX ONLY)
CONTRACT - "0" MONTHS DISCOVERY TRACK
150 RECOVERY OF OVERPAYMENT &
ENFORCEMENT OF JUDGMENT
152 RECOVERY OF DEFAULTED STUDENT
LOANS (Excl. Veterans)
153 RECOVERY OF OVERPAYMENT OF
VETERAN'S BENEFITS
CONTRACT - "4" MONTHS DISCOVERY TRACK
110 INSURANCE
120 MARINE
130 MILLER ACT
140 NEGOTIABLE INSTRUMENT
151 MEDICARE ACT
160 STOCKHOLDERS' SUITS
190 OTHER CONTRACT
195 CONTRACT PRODUCT LIABILITY
196 FRANCHISE
REAL PROPERTY - "4" MONTHS DISCOVERY
TRACK
210 LAND CONDEMNATION
220 FORECLOSURE
230 RENT LEASE & EJECTMENT
240 TORTS TO LAND
245 TORT PRODUCT LIABILITY
290 ALL OTHER REAL PROPERTY
TORTS - PERSONAL INJURY - "4" MONTHS
DISCOVERY TRACK
310 AIRPLANE
315 AIRPLANE PRODUCT LIABILITY
320 ASSAULT, LIBEL & SLANDER
330 FEDERAL EMPLOYERS' LIABILITY
340 MARINE
345 MARINE PRODUCT LIABILITY
350 MOTOR VEHICLE
355 MOTOR VEHICLE PRODUCT LIABILITY
360 OTHER PERSONAL INJURY
362 PERSONAL INJURY - MEDICAL
MALPRACTICE
365 PERSONAL INJURY - PRODUCT LIABILITY
367 PERSONAL INJURY - HEALTH CARE/
PHARMACEUTICAL PRODUCT LIABILITY
368 ASBESTOS PERSONAL INJURY PRODUCT
LIABILITY
TORTS - PERSONAL PROPERTY - "4" MONTHS
DISCOVERY TRACK
370 OTHER FRAUD
371 TRUTH IN LENDING
380 OTHER PERSONAL PROPERTY DAMAGE
385 PROPERTY DAMAGE PRODUCT LIABILITY
BANKRUPTCY - "0" MONTHS DISCOVERY TRACK
422 APPEAL 28 USC 158
423 WITHDRAWAL 28 USC 157
CIVIL RIGHTS - "4" MONTHS DISCOVERY TRACK SOCIAL SECURITY - "0" MONTHS DISCOVERY
440 OTHER CIVIL RIGHTS TRACK
441 VOTING 861 HIA (1395ff)
442 EMPLOYMENT 862 BLACK LUNG (923)
443 HOUSING/ ACCOMMODATIONS 863 DIWC (405(g))
445 AMERICANS with DISABILITIES - Employment 863 DIWW (405(g))
446 AMERICANS with DISABILITIES - Other 864 SSID TITLE XVI
448 EDUCATION 865 RSI (405(g))
FEDERAL TAX SUITS - "4" MONTHS DISCOVERY
IMMIGRATION - "0" MONTHS DISCOVERY TRACK TRACK
462 NATURALIZATION APPLICATION 870 TAXES (U.S. Plaintiff or Defendant)
465 OTHER IMMIGRATION ACTIONS 871 IRS - THIRD PARTY 26 USC 7609
PRISONER PETITIONS - "0" MONTHS DISCOVERY OTHER STATUTES - "4" MONTHS DISCOVERY
TRACK TRACK
463 HABEAS CORPUS- Alien Detainee 375 FALSE CLAIMS ACT
510 MOTIONS TO VACATE SENTENCE 376 Qui Tam 31 USC 3729(a)
530 HABEAS CORPUS 400 STATE REAPPORTIONMENT
535 HABEAS CORPUS DEATH PENALTY 430 BANKS AND BANKING
540 MANDAMUS & OTHER 450 COMMERCE/ICC RATES/ETC.
550 CIVIL RIGHTS - Filed Pro se 460 DEPORTATION
555 PRISON CONDITION(S) - Filed Pro se 470 RACKETEER INFLUENCED AND CORRUPT
560 CIVIL DETAINEE: CONDITIONS OF ORGANIZATIONS
CONFINEMENT 480 CONSUMER CREDIT
485 TELEPHONE CONSUMER PROTECTION ACT
PRISONER PETITIONS - "4" MONTHS DISCOVERY 490 CABLE/SATELLITE TV
TRACK 890 OTHER STATUTORY ACTIONS
550 CIVIL RIGHTS - Filed by Counsel 891 AGRICULTURAL ACTS
555 PRISON CONDITION(S) - Filed by Counsel 893 ENVIRONMENTAL MATTERS
895 FREEDOM OF INFORMATION ACT 899
FORFEITURE/PENALTY - "4" MONTHS DISCOVERY 899 ADMINISTRATIVE PROCEDURES ACT /
TRACK REVIEW OR APPEAL OF AGENCY DECISION
625 DRUG RELATED SEIZURE OF PROPERTY 950 CONSTITUTIONALITY OF STATE STATUTES
21 USC 881
690 OTHER
OTHER STATUTES - "8" MONTHS DISCOVERY
TRACK
LABOR - "4" MONTHS DISCOVERY TRACK
710 FAIR LABOR STANDARDS ACT 410 ANTITRUST
720 LABOR/MGMT. RELATIONS 850 SECURITIES / COMMODITIES / EXCHANGE
740 RAILWAY LABOR ACT
751 FAMILY and MEDICAL LEAVE ACT OTHER STATUTES - “0" MONTHS DISCOVERY
790 OTHER LABOR LITIGATION TRACK
791 EMPL. RET. INC. SECURITY ACT 896 ARBITRATION
(Confirm / Vacate / Order / Modify)
PROPERTY RIGHTS - "4" MONTHS DISCOVERY
TRACK
820 COPYRIGHTS
840 TRADEMARK * PLEASE NOTE DISCOVERY
880 DEFEND TRADE SECRETS ACT OF 2016 (DTSA)
TRACK FOR EACH CASE
PROPERTY RIGHTS - "8" MONTHS DISCOVERY TYPE. SEE LOCAL RULE 26.3
TRACK
✔ 830 PATENT
835 PATENT-ABBREVIATED NEW DRUG
APPLICATIONS (ANDA) - a/k/a
Hatch-Waxman cases

VII. REQUESTED IN COMPLAINT:

CHECK IF CLASS ACTION UNDER F.R.Civ.P. 23 DEMAND $_____________________________
JURY DEMAND ✔ YES NO (CHECK YES ONLY IF DEMANDED IN COMPLAINT)

VIII. RELATED/REFILED CASE(S) IF ANY

JUDGE_______________________________ DOCKET NO._______________________
CIVIL CASES ARE DEEMED RELATED IF THE PENDING CASE INVOLVES: (CHECK APPROPRIATE BOX)
1. PROPERTY INCLUDED IN AN EARLIER NUMBERED PENDING SUIT.
2. SAME ISSUE OF FACT OR ARISES OUT OF THE SAME EVENT OR TRANSACTION INCLUDED IN AN EARLIER NUMBERED PENDING SUIT.
3. VALIDITY OR INFRINGEMENT OF THE SAME PATENT, COPYRIGHT OR TRADEMARK INCLUDED IN AN EARLIER NUMBERED PENDING SUIT.
4. APPEALS ARISING OUT OF THE SAME BANKRUPTCY CASE AND ANY CASE RELATED THERETO WHICH HAVE BEEN DECIDED BY THE SAME
BANKRUPTCY JUDGE.
5. REPETITIVE CASES FILED BY PRO SE LITIGANTS.
6. COMPANION OR RELATED CASE TO CASE(S) BEING SIMULTANEOUSLY FILED (INCLUDE ABBREVIATED STYLE OF OTHER CASE(S)):

7. EITHER SAME OR ALL OF THE PARTIES AND ISSUES IN THIS CASE WERE PREVIOUSLY INVOLVED IN CASE NO. , WHICH WAS
DISMISSED. This case IS IS NOT (check one box) SUBSTANTIALLY THE SAME CASE.

SIGNATURE OF ATTORNEY OF RECORD DATE