Evans v. Bearback - Complaint

Case 5:20-cv-00172-TKW-MJF Document 1 Filed 06/23/20 Page 1 of 26
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
JEFFREY L. EVANS, and

DUVALL & EVANS, INC.,
Plaintiffs,
v. Case No.
BEARBACK, LLC, PLAINTIFF DEMANDS TRIAL BY

and JAMES M. DUVALL, 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 Number D825,192 (“the
‘192 Patent”), which claims a novel 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”).
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
2
Plaintiff’s 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, with the knowledge
or understanding that the accused product is sold in this
District. The acts of infringement by Bearback have caused and
are causing injury to D&E within this District.
12. Venue is proper in this judicial district pursuant to
28 U.S.C. §§ 1391(b) and (c) and § 1400(b).
Count I: Patent Infringement (Bearback)
13. D&E incorporates and realleges as if fully set forth
herein paragraphs 1 through 12 of this Complaint.
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 Accused Product meets each and every element of
the ‘192 Patent, either literally or equivalently.
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.
3
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. 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
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 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.
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 E.
22. In the Articles of Dissolution, Duvall states that
"[a] majority of the directors authorized the dissolution.”
(Ex. D, para. 7).
4
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.
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.
25. Evans has been damaged by Duvall’s breach.
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 its
damages, costs, expenses, and pre- and post-judgment interest
for its infringement of the ‘192 Patent as provided under 35
U.S.C. § 284, 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
5
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.
Respectfully submitted,
AUSLEY & McMULLEN, P.A.
/s/Martin B. Sipple________
Martin B. Sipple
Fla. Bar No. 0135399
Steven M. Hogan
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
6
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
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:
<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
Primary Examiner - Keli L Hill
Assistant Examiner - Karra S Johnson 1 Claim, 8 Drawing Sheets
EXHIBIT
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
U.S. Patent Aug. 14, 2018 Sheet 1 of 8 US D825,192 S

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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
q9 PUMP re."^
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ri C(037,0
"Mu n ono
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
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
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
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
May 11, 2020

Page 2
Very truly yours,
/s/Martin B. Sipple
Martin B. Sipple
MBS/Icr
cc: Steve Hogan

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
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
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
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 5:20-cv-00172-TKW-MJF Document 1-1 Filed 06/23/20 Page 1 of 2
JS 44 (Rev. 09/19) CIVIL COVER SHEET
The JS 44 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, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS DEFENDANTS
(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant
(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, and Telephone Number) Attorneys (If Known)
II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
’ 1 U.S. Government ’ 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State ’ 1 ’ 1 Incorporated or Principal Place ’ 4 ’ 4
of Business In This State
’ 2 U.S. Government ’ 4 Diversity Citizen of Another State ’ 2 ’ 2 Incorporated and Principal Place ’ 5 ’ 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State
Citizen or Subject of a ’ 3 ’ 3 Foreign Nation ’ 6 ’ 6

Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only) Click here for: Nature of Suit Code Descriptions.
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
’ 110 Insurance PERSONAL INJURY PERSONAL INJURY ’ 625 Drug Related Seizure ’ 422 Appeal 28 USC 158 ’ 375 False Claims Act
’ 120 Marine ’ 310 Airplane ’ 365 Personal Injury - of Property 21 USC 881 ’ 423 Withdrawal ’ 376 Qui Tam (31 USC
’ 130 Miller Act ’ 315 Airplane Product Product Liability ’ 690 Other 28 USC 157 3729(a))
’ 140 Negotiable Instrument Liability ’ 367 Health Care/ ’ 400 State Reapportionment
’ 150 Recovery of Overpayment ’ 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS ’ 410 Antitrust
& Enforcement of Judgment Slander Personal Injury ’ 820 Copyrights ’ 430 Banks and Banking
’ 151 Medicare Act ’ 330 Federal Employers’ Product Liability ’ 830 Patent ’ 450 Commerce
’ 152 Recovery of Defaulted Liability ’ 368 Asbestos Personal ’ 835 Patent - Abbreviated ’ 460 Deportation
Student Loans ’ 340 Marine Injury Product New Drug Application ’ 470 Racketeer Influenced and
(Excludes Veterans) ’ 345 Marine Product Liability ’ 840 Trademark Corrupt Organizations
’ 153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR SOCIAL SECURITY ’ 480 Consumer Credit
of Veteran’s Benefits ’ 350 Motor Vehicle ’ 370 Other Fraud ’ 710 Fair Labor Standards ’ 861 HIA (1395ff) (15 USC 1681 or 1692)
’ 160 Stockholders’ Suits ’ 355 Motor Vehicle ’ 371 Truth in Lending Act ’ 862 Black Lung (923) ’ 485 Telephone Consumer
’ 190 Other Contract Product Liability ’ 380 Other Personal ’ 720 Labor/Management ’ 863 DIWC/DIWW (405(g)) Protection Act
’ 195 Contract Product Liability ’ 360 Other Personal Property Damage Relations ’ 864 SSID Title XVI ’ 490 Cable/Sat TV
’ 196 Franchise Injury ’ 385 Property Damage ’ 740 Railway Labor Act ’ 865 RSI (405(g)) ’ 850 Securities/Commodities/
’ 362 Personal Injury - Product Liability ’ 751 Family and Medical Exchange
Medical Malpractice Leave Act ’ 890 Other Statutory Actions
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS ’ 790 Other Labor Litigation FEDERAL TAX SUITS ’ 891 Agricultural Acts
’ 210 Land Condemnation ’ 440 Other Civil Rights Habeas Corpus: ’ 791 Employee Retirement ’ 870 Taxes (U.S. Plaintiff ’ 893 Environmental Matters
’ 220 Foreclosure ’ 441 Voting ’ 463 Alien Detainee Income Security Act or Defendant) ’ 895 Freedom of Information
’ 230 Rent Lease & Ejectment ’ 442 Employment ’ 510 Motions to Vacate ’ 871 IRS—Third Party Act
’ 240 Torts to Land ’ 443 Housing/ Sentence 26 USC 7609 ’ 896 Arbitration
’ 245 Tort Product Liability Accommodations ’ 530 General ’ 899 Administrative Procedure
’ 290 All Other Real Property ’ 445 Amer. w/Disabilities - ’ 535 Death Penalty IMMIGRATION Act/Review or Appeal of
Employment Other: ’ 462 Naturalization Application Agency Decision
’ 446 Amer. w/Disabilities - ’ 540 Mandamus & Other ’ 465 Other Immigration ’ 950 Constitutionality of
Other ’ 550 Civil Rights Actions State Statutes
’ 448 Education ’ 555 Prison Condition
’ 560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an “X” in One Box Only)
’ 1 Original ’ 2 Removed from ’ 3 Remanded from ’ 4 Reinstated or ’ 5 Transferred from ’ 6 Multidistrict ’ 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
VI. CAUSE OF ACTION Brief description of cause:
VII. REQUESTED IN ’ CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: ’ Yes ’ No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE
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JS 44 Reverse (Rev. 09/19) Case 5:20-cv-00172-TKW-MJF Document 1-1 Filed 06/23/20 Page 2 of 2
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is
required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
I.(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
then the official, giving both name and title.
(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".
II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)
III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.
IV. Nature of Suit. Place an "X" in the appropriate box. If there are multiple nature of suit codes associated with the case, pick the nature of suit code
that is most applicable. Click here for: Nature of Suit Code Descriptions.
V. Origin. Place an "X" in one of the seven boxes.

Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
Multidistrict Litigation – Transfer. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C.
Section 1407.
Multidistrict Litigation – Direct File. (8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket.
PLEASE NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to
changes in statue.
VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service
VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.
AO 440 (Rev. 06/12) Summons in a Civil Action

for the
__________ District of __________
)
)
)
)
Plaintiff(s) )
)
v. Civil Action No.
)
)
)
)
)
Defendant(s) )
SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address)
A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are:
Martin B. Sipple
Ausley & McMullen, P.A.
Tallahassee, FL 32301
850-224-9115
msipple@ausley.com
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
Civil Action No.
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)

was received by me on (date) .
’ I personally served the summons on the individual at (place)

on (date) ; or
’ I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual’s last known address; or
’ I served the summons on (name of individual) , who is

designated by law to accept service of process on behalf of (name of organization)
on (date) ; or
’ I returned the summons unexecuted because ; or
’ Other (specify):
.
My fees are $ for travel and $ for services, for a total of $ 0.00 .
I declare under penalty of perjury that this information is true.
Date:
Server’s signature
Printed name and title
Server’s address
Additional information regarding attempted service, etc:

AO 440 (Rev. 06/12) Summons in a Civil Action

for the
__________ District of __________
)
)
)
)
Plaintiff(s) )
)
v. Civil Action No.
)
)
)
)
)
Defendant(s) )
SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address)

James M. Duvall
3651 Peachtree Parkway
Suite E-256
Suwanee, Georgia 20024
A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are:
Martin B. Sipple
Ausley & McMullen, P.A.
Tallahassee, FL 32301
850-224-9115
msipple@ausley.com
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
Civil Action No.
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)

was received by me on (date) .
’ I personally served the summons on the individual at (place)

on (date) ; or
’ I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual’s last known address; or
’ I served the summons on (name of individual) , who is

designated by law to accept service of process on behalf of (name of organization)
on (date) ; or
’ I returned the summons unexecuted because ; or
’ Other (specify):
.
My fees are $ for travel and $ for services, for a total of $ 0.00 .
I declare under penalty of perjury that this information is true.
Date:
Server’s signature
Printed name and title
Server’s address
Additional information regarding attempted service, etc:

Evans v. Bearback - Complaint

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Case 5:20-cv-00172-TKW-MJF Document 1 Filed 06/23/20 Page 1 of 26

UNITED STATES DISTRICT COURT

JEFFREY L. EVANS, and

BEARBACK, LLC, PLAINTIFF DEMANDS TRIAL BY

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 Number D825,192 (“the

‘192 Patent”), which claims a novel 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

offering for sale a backscratcher device that infringes the ‘192

Patent and D&E’s rights thereto (“the Accused Product”).

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

Plaintiff’s 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, with the knowledge

or understanding that the accused product is sold in this

District. The acts of infringement by Bearback have caused and

are causing injury to D&E within this District.

12. Venue is proper in this judicial district pursuant to

28 U.S.C. §§ 1391(b) and (c) and § 1400(b).

Count I: Patent Infringement (Bearback)

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

herein paragraphs 1 through 12 of this Complaint.

United States Patent and Trademark Office on August 14, 2018

15. The Accused Product meets each and every element of

the ‘192 Patent, either literally or equivalently.