PBLX V Dick's Sporting Goods - Complaint

Case 8:19-cv-00922 Document 1 Filed 05/15/19 Page 1 of 252 Page ID #:1
1 Phillip Geurts, SBN 231320

phil@mgcalaw.com
2 Geurts Law Firm
18100 Von Karman Suite 850
3 Irvine, CA 92612
Telephone: 714-307-9192
4 Facsimile: 949-861-6155
5 Attorney for Plaintiffs
PBLX, Inc., GForce Corporation,
6 and Daneen Solomon
7
8 UNITED STATES DISTRICT COURT
9
CENTRAL DISTRICT OF CALIFORNIA
10 PBLX, INC., GFORCE
CORPORATION, and DANEEN Civil Action No.:
11 SOLOMON,
12 Plaintiffs,
COMPLAINT FOR PATENT
13 v. INFRINGEMENT, UNFAIR
COMPETITION, BREACH OF
14 DICKS SPORTING GOODS, INC, an CONTRACT, OPEN ACCOUNTS,
entity ACCOUNTS STATED, AND
15 UNJUST ENRICHMENT
Defendants.
16
DEMAND FOR JURY TRIAL
17
18
19 COMPLAINT
20 Plaintiffs PBLX, INC., an entity (“Plaintiff PBLX”), GForce Corporation, a Nevada
21 corporation (“Plaintiff GForce”), and Daneen Solomon, an individual (“Plaintiff Solomon”) (and
22 collectively “Plaintiffs”), complaining of the actions of DICKS SPORTING GOODS, INC., an
23 entity (“Defendant Dicks”), allege as follows:
24 NATURE THIS ACTION
25 1. This is an action for patent infringement arising under the patent laws of the
26 United States, Title 35 of the United States Code. This is also an action for unfair or deceptive
27 acts or practices, breach of contract, damages on open account and account stated, and unjust
28 enrichment under the laws of the State of California.

COMPLAINT FOR PATENT INFRINGEMENT, UNFAIR COMPETITION, BREACH OF CONTRACT,
OPEN ACCOUNTS, ACCOUNTS STATED, AND UNJUST ENRICHEMENT
PAGE 1
1 2. Plaintiffs bring this suit against Defendant Dicks for purposes of protecting and
2 enforcing the respective rights of the Plaintiffs under United States Patent No. 7,244,237 B2
3 (“237 Patent”) and United States Patent No. D830,569 S (“569 Patent”) (collectively
4 “Patents”). Plaintiffs allege that Defendant Dicks has willfully infringed and is infringing upon
5 Plaintiffs’ respective rights by manufacturing, distributing, and/or selling certain products (the
6 “Infringing Products”) incorporating one or more of the claims of the 237 Patent and/or 569
7 Patent.
8 3. Plaintiffs seek to enjoin permanently Defendant Dick’s further sale of the
9 Infringing Products and to recover compensatory damages, treble damages or punitive damages,
10 and attorney fees pursuant to 35 U.S.C. §§ 271, 281, 283-285.
11 4. Plaintiffs further seek remedies under California state law for recovery for unfair
12 competition and/or deceptive trade practices pursuant to Cal. Bus. & Prof. Code § 17200 et seq.
13 5. Plaintiff PBLX also seeks to recover damages on claims of breach of contract,

14 open account, account stated, and unjust enrichment for moneys due arising out of the failure of
15 Defendant Dicks to pay for goods ordered, delivered, and accepted.
16 THE PARTIES
17 6. At all times relevant hereto, Plaintiff PBLX was, and is, a California corporation
18 with its principal place of business at 1144 N. Grove Street, Anaheim, CA.
19 7. At all times relevant hereto, Plaintiff GForce was, and is, a Nevada corporation,
20 authorized to do business in California, with business offices located at 1144 N. Grove Street,
21 Anaheim, CA.
22 8. At all times relevant hereto, Plaintiff Daneen Solomon was, and is, an individual
23 and owner of the 569 Patent, which is licensed exclusively to Plaintiff PBLX.
24 9. Plaintiffs are informed and believe, and thereon allege, Defendant Dicks is an
25 entity incorporated under the laws of an unknown state of the United States and having various
26 places of business, including retail stores, in this Central District of California.
27 JURISDICTION AND VENUE
28 10. The Court has original jurisdiction over the subject matter of this action pursuant
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1 to 28 U.S.C. §§ 1331 (federal question) and 1338(a) (action arising under An Act of Congress
2 relating to patents).
3 11. Under 28 U.S.C. § 1367(a), this Court has supplemental subject matter
4 jurisdiction over the pendent state law claims because these claims are so related to Plaintiffs’
5 claims under federal law that they form part of the same case or controversy.
6 12. Venue is proper in this Judicial District pursuant to 28 U.S.C. § 1391 and 1400(b)
7 because, on information and belief, and thereon alleged, Defendant Dicks operates at least 10
8 retail stores physically located in the Central District of California. On information and belief,
9 and thereon alleged, Defendant Dicks conducts its regular, established business at these
10 locations. These Dicks outlets provide the Infringing Products to customers in this District.
11 Defendant Dicks lists these Dicks stores on its website and holds them out as places where
12 customers can obtain the Infringing Products. On information and belief, and thereon alleged,
13 these Dicks stores are staffed by persons who are employees, representatives, or agents, or
14 otherwise are subject to administration by representatives, of Defendant Dicks, and many of said
15 staff persons live in the Central District of California.
16 13. This Court has general and/or specific personal jurisdiction over Defendant Dicks,
17 and venue is proper, in part because Defendant Dicks, directly and/or in combination with its
18 subsidiaries and/or through its representatives and agents, does continuous and systematic
19 business in this District, including by providing the Infringing Products to residents of the
20 Central District of California, by providing the Infringing Products that it knew or had
21 understanding would be used in this District, by placing the Infringing Products in the stream of
22 commerce in this District, and/or by participating in the solicitation of business from residents of
23 this District.
24 FACTUAL BACKGROUND
25 14. Plaintiff PBLX has built its sports equipment business based on protected
26 technology. Like other companies in the sports equipment industry, Plaintiff PBLX secures its
27 own patents and also licenses the patented technologies of others, including the patents of
28 Plaintiffs Smith and Solomon.
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1 15. United States Patent No. 7,244,237 B2 (“237 Patent”) is owned by Plaintiff
2 GForce Corporation, by assignment from Floyd Thomas Smith, the inventor. A true and correct
3 copy of the 237 Patent is attached as Exhibit A and incorporated herein by reference. A true and
4 correct copy of the Assignment is attached as Exhibit B and incorporated herein by reference.
5 16. United States Patent No. D830,569 S (“569 Patent”) is owned by Plaintiff
6 Solomon and licensed exclusively to Plaintiff PBLX. A true and correct copy of the 569 Patent is
7 attached as Exhibit C and incorporated herein by reference.
8 17. Plaintiffs GForce and PBLX have developed unique product lines in the sports
9 industry, and have protected their products by the patents, including by the 237 Patent for heated
10 massage ball roller and the 569 Patent for a massage ball roller (the “Patented Products”).
11 Through the efforts of these Plaintiffs, their products are widely known and highly desired in the
12 industry and have achieved a substantial share of market sales.
13 18. To maintain its leadership position in the sporting goods industry, Plaintiffs
14 PBLX and GForce have invested and continue to invest significant resources in the design,
15 development, patenting, and licensing of technologies related to the Patented Products.
16 19. Plaintiff PBLX annually invests significant sums in research and development,
17 testing, and promotion of its Patented Products. Its long-term financial success depends on its
18 ability to establish, maintain, and protect its proprietary technology through patents and licenses.
19 20. Commencing in January 2016, Defendant Dicks placed orders with Plaintiff
20 PBLX for the Patented Products for distribution in retail stores. The amount of purchases for the
21 2016 calendar year exceeded $1.2 million dollars. Plaintiff PBLX delivered the ordered Patented
22 Products to Defendant Dicks in a series of sales memorialized by invoices providing for payment
23 due on delivery and/or on net terms. Defendant Dicks acknowledged receipt of the goods and
24 agreed to pay on the terms contained in said invoices. Defendant Dicks has failed to pay all
25 invoices, and sums remain outstanding to date in an amount exceeding $1.2 million. A true and
26 correct copy of a statement listing all invoices with a running balance is attached hereto as
27 Exhibit D and incorporated herein by reference.
28 21. Plaintiff PBLX gave Defendant Dicks a limited right of distribution and sale only,
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1 and on that basis provided the Patented Products to Defendant Dicks.

2 22. Plaintiffs are informed and believe, and thereon allege, that Defendant Dicks had
3 products manufactured by another source and those products are infringing at least some of the
4 claims of the Patented Products.
5 23. Plaintiffs are informed and believe, and thereon allege, that Defendant Dicks has
6 distributed and/or sold the Infringing Products in the marketplace.
7 24. Defendant Dicks has failed to pay in full for the Patented Products it ordered from
8 Plaintiff PBLX and delivered to and accepted by Defendant Dicks under license for distribution
9 and sale, causing substantial damages to Plaintiff PBLX.
10 25. Defendant Dicks’ infringement of the Patented Products presents significant and
11 ongoing harm to Plaintiff PBLX’s business, good will, and market share.
12 26. Defendant Dicks’ infringement of the Patented Products presents significant and
13 ongoing harm to the owners of the Patents, Plaintiffs Solomon and GForce, respectively.
14 27. Plaintiffs seek to enjoin permanently Defendant Dick’s further sale of the
15 Infringing Products and to recover compensatory damages, treble damages or punitive damages,
16 and attorney fees pursuant to 35 U.S.C. §§ 271, 281, 283-285.
17 28. Plaintiffs further seek recovery for unfair competition and/or deceptive trade acts
18 under California law.
19 29. Plaintiff PBLX also seeks to recover damages for amounts outstanding for goods
20 delivered to and accepted by Defendant Dicks without receipt of payment therefor, said claims
21 including open accounts, accounts stated, breach of contract, and unfair enrichment.
22 FIRST CAUSE OF ACTION FOR
23 PATENT INFRINGEMENT OF U.S. PATENT NO. 7,244,237 B2
24 30. Plaintiffs repeat and reallege each and every allegation as set forth in paragraphs 1
25 through 29, above, as though fully set forth in this cause of action and incorporate said
26 paragraphs by reference.
27 31. At all times relevant herein, United States Patent No. 7,244,237 B2 (“237
28 Patent”) was, and is, owned by Plaintiff GForce Corporation, pursuant to the recorded
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1 Assignment made by the inventor, Floyd Thomas Smith, and is licensed for distribution and sales
2 to Plaintiff PBLX.
3 32. The 237 Patent was registered July 17, 2007, by the United States Patent and
4 Trademark Office, and remains currently in full force and effect.
5 33. The 237 Patent is entitled Heated Massage Ball.
6 34. The 237 Patent covers an apparatus consisting of a ball that may be heated and
7 that is retained within a grip that allows for the ball to rotate freely therewithin and that is pliable
8 sufficiently to allow the ball to be ejected and inserted with force past the widest circumference
9 of the ball or the grip and ball may be accepted into a heating base to provide heat to the ball by
10 various means, a heating element may be included in the grip, or a liquid may be heated within a
11 depression of the base allowing the ball to be heated by conduction when the grip and/or ball are
12 engaged to the base.
13 35. The 237 Patent claims a heated massage ball apparatus comprising a spherical
14 rigid ball that, in the simplest embodiment is hollow and contains a heatable fluid that may be
15 heated, said ball consisting of a rigid microwave-safe polymer, and a grip that retains the ball yet
16 allows the ball to rotate freely therewithin, said grip being of a rubber or plastic material and
17 including a bottom or side opening by which the ball may ejected by insertion of a finger or
18 similar shaped implement.
19 36. The 237 Patent claims as an alternate embodiment a heated base that accepts the
20 grip and a means of heating the ball when the grip and/or ball are engaged with the heated base.
21 37. As described in the Abstract to the 237 Patent, this Patent covers a heated
22 massage ball apparatus having a ball that may be heated retained within a pliable grip that allows
23 for the ball to rotate freely therewithin. The ball may be heated in various manners, and it may be
24 substantially hollow and filled with a liquid that retains heat. It may be ejected and inserted for
25 heating and cleaning, and heating may be done by means of a microwave oven or a heating base,
26 which base heats by means of an electrical element when engaged with the ball and/or grip and
27 which base may be temperature controlled and have an on/off power capability.
28 38. In accordance with 35 U.S.C. § 282, the 237 Patent and all claims therein are
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1 presumed to be valid.
2 39. Plaintiffs GForce and PBLX have commercialized the invention set forth in the
3 237 Patent by marketing it utilizing the patented technology represented in the 237 Patent.
4 40. Consumers utilized the 237 Patent massage rollers to relieve muscle and joint pain
5 and improve flexibility and range of motion during athletic workout and as part of pre- and post-
6 workout routines.
7 41. Since 2015, Plaintiffs GForce and PBLX have had more than a million 237 Patent
8 massage rollers manufactured and sold and have expended significant funds in advertising and
9 marketing efforts in support of its products.
10 42. Since first marketing its 237 Patent massage rollers, Plaintiffs GForce and PBLX
11 have clearly labelled their Patented Products as being protected by patent, putting the public and
12 all competitors on notice of their claim to exclusive rights to use the technology in said products.
13 43. Defendant Dicks is a direct competitor of Plaintiff PBLX in the sports accessories
14 market, and as such is well aware of Plaintiffs’ Patented Products and their distinctive features.
15 44. Defendant Dicks has knowledge and understanding of the Patented Products,
16 having ordered, distributed, and sold them in sufficient quantity to develop a substantial market
17 base for their own Infringing Products, which they have developed, or otherwise have instructed
18 and secured the development of, Infringing Products utilizing the same or substantially similar
19 technology to Plaintiffs’ Patented Products.
20 45. Defendant Dicks has systematically and willfully ignored the patent registration
21 notices on Plaintiffs’ Patented Products and has continued to manufacture, distribute, and sell the
22 Infringing Products.
23 46. Defendant Dicks has systematically and willfully ignored Plaintiff’s demand to
24 cease and desist in the manufacturer, distribution, and/or sale of Infringing Products.
25 47. On information and belief, and thereon alleged, Defendant Dicks infringement on
26 the 237 Patent has been and is neither innocent or otherwise unintentional, but instead willful and
27 malicious.
28 48. The Infringing Products consist of a rolling ball set into a solid plastic sphere base
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1 grip such that the ball can freely roll in any direction within the base
2 49. Defendant Dicks has distributed and sold, and continues to distribute and sell, the
3 Infringing Products through online and brick-and-mortar retailers, with outlets throughout this
4 Central District and the United States generally.
5 50. Defendant Dicks has directly infringed, contributorily infringed, and/or actively
6 induced the infringement of the Patent by making, using, importing, distributing, offering for
7 sale, and selling in the United States products that practice the claims of the 237 Patent.
8 51. Defendant Dicks’ making, using, importing, distributing, offering for sale, and/or
9 selling of products covered under the 237 Patent in the United States is without the consent,
10 authority, or license of Plaintiffs GForce and PBLX.
11 52. On information and belief, Defendant Dicks’ infringement of the 237 Patent has
12 been, and continues to be, deliberate and willful and such infringement will continue unless
13 Defendant Dicks is preliminarily and permanently enjoined by this Court.
14 53. As a direct and proximate cause of the infringement of Defendant Dicks, and
15 unless Defendant Dicks is enjoined by the Court from said activities using within the United
16 States products covered by the claims of 237 Patent, Plaintiffs PBLX and GForce have been, are
17 continuing to be, and will continue to be substantially and irreparably harmed in their business
18 and property rights.
19 SECOND CAUSE OF ACTION FOR
20 PATENT INFRINGEMENT OF U.S. PATENT NO. D830.569 S
22 through 53, above, as though fully set forth in this cause of action and incorporate said
24 55. United States Patent No. D830,569 S (“569 Patent”) is owned by Plaintiff
25 Solomon and licensed exclusively to Plaintiff PBLX.
26 56. The 569 Patent was filed October 6, 2016, and was registered October 9, 2018, by
27 the United States Patent and Trademark Office, and remains currently in full force and effect.
28 57. The 569 Patent is entitled Massage Roller.

PAGE 8
1 58. The 569 Patent is for an ornamental design for a massage roller.
2 59. The 569 Patent covers a spherical ball retained within a grip of the shape and
3 design shown in the drawings therein.
4 60. Plaintiff PBLX has commercialized the invention set forth in the 569 Patent by
5 marketing it utilizing the patented design represented in the 569 Patent.
6 61. Consumers utilize the 569 Patent massage rollers to relieve muscle and joint pain
7 and improve flexibility and range of motion during athletic workout routines.
8 62. Plaintiff PBLX has had more than hundreds of thousands of 569 Patent massage
9 rollers manufactured and sold and has expended significant funds in advertising and marketing
10 efforts in support of its products.
11 63. Since first marketing the 569 Patent massage rollers, Plaintiff PBLX has clearly
12 labelled these products as being protected by patent, putting the public and all competitors on
13 notice of their claim to exclusive rights to use the technology in said products.
14 64. Defendant Dicks has directly infringed, contributorily infringed, and/or actively
15 induced the infringement of the 569 Patent by making, using, importing, distributing, offering for
16 sale, and selling in the United States products that practice the claims of the 569 Patent.
17 65. Defendant Dicks has knowledge and understanding of the Patented Products,
18 having ordered, distributed, and sold them in 2016 sufficient to develop the Infringing Products
19 utilizing the same or substantially similar technology, or otherwise to instruct and secure the
20 development of Infringing Products in violation of the 569 Patent claims.
21 66. Defendant Dicks has distributed and sold, and continues to distribute and sell, its
22 Infringing Products through online and brick-and-mortar retailers, with outlets throughout this
23 Central District and the United States generally.
24 67. Defendant Dicks has systematically and willfully ignored the patent registration
25 notices on Plaintiffs’ Patented Products and has continued to manufacture, distribute, and sell the
26 Infringing Products.
27 68. Defendant Dicks has systematically and willfully ignored Plaintiff’s demand to
28 cease and desist in the manufacturer, distribution, and/or sale of Infringing Products.
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1 69. On information and belief, and thereon alleged, Defendant Dicks infringement of
2 the 569 Patent has been and is neither innocent or otherwise unintentional, but is willful and
3 malicious.
8 authority, or license of Plaintiffs Solomon and PBLX.
9 72. On information and belief, Defendant Dicks’ infringement of the 569 Patent has
10 been, and continues to be, deliberate and willful and such infringement will continue unless
11 Defendant Dicks is preliminarily and permanently enjoined by this Court.
12 73. As a direct and proximate cause of the infringement of Defendant Dicks, and
13 unless Defendant Dicks is enjoined by the Court from said activities using within the United
14 States products covered by the claims of 569 Patent, Plaintiffs PBLX and Solomon have been,
15 are continuing to be, and will continue to be substantially and irreparably harmed in their
16 business and property rights.
21 authority, or license of Plaintiffs Solomon and/or PBLX.
22 76. As a direct and proximate cause of the infringing conduct of Defendant Dicks,
23 and unless Defendant Dicks is enjoined from said infringing activities within the United States,
24 Plaintiffs Solomon and PBLX have been, are continuing to be, and will continue to be
25 substantially and irreparably harmed in their business and property rights in the 569 Patent.
26 THIRD CAUSE OF ACTION FOR
27 UNFAIR COMPETITION
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1 through 76, above, as though fully set forth in this cause of action and incorporates said
3 78. Defendant Dicks’ conduct as alleged herein violates the California Unfair
4 Competition laws under Cal. Bus. & Prof. Code § 17200 et seq. which prohibits unlawful, unfair,
5 or fraudulent business acts or practices.
6 79. Defendant Dicks has engaged in unfair and unlawful business practices in and
7 substantially affecting commerce by copying the proprietary and commercially valuable claims
8 of the Patented Products and incorporating those features and characteristics into the Infringing
9 Products without regard to Plaintiffs rights, respectively, thereto.
10 80. Defendant Dicks conduct, by which it copied the proprietary and commercially
11 valuable and protected claims of the Patented Products, constitutes misappropriation of the
12 patent-protected claims and usurpation of business opportunities from Plaintiffs, all of which
13 constitute unfair method of competition in violation of California law.
14 81. Defendant Dicks’ conduct has caused and will cause irreparable injury to
15 Plaintiffs in the loss of substantial value in the patent rights, loss of valuable sales to customers
16 within and outside of California, and loss of revenues and profits, as well as loss of market share
17 and injury to goodwill and reputation as innovators of sporting goods products.
18 82. Defendant Dicks’ conduct violates industry standards, offends public policy
19 established by federal patent laws and California laws, and is unethical and unscrupulous.
20 83. Defendant Dicks’ acts of unfair competition and deceptiveness have directly and
21 proximately caused injury to Plaintiffs by the diversion of sales and profits away from Plaintiffs’
22 Patented Products to Defendant Dicks’ Infringing Products.
23 84. In addition to monetary damages, Plaintiffs have been and will continue to be
24 irreparably damaged by Defendant Dicks’ unfair and deceptive acts and unfair competition in
25 ways for which there is no adequate remedy at law. This irreparable harm includes harm to its
26 market position, goodwill, and customer base that cannot be adequately measured in, or
27 compensated by, money damages. Thus, injunctive relief is necessary and appropriate to restrain
28 Defendant Dicks’ unfairly competitive acts.
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1 85. Unless and until this Court enjoins Defendant Dicks from employing said unfair
2 methods, Plaintiffs will suffer irreparable harm for which they have no adequate remedy at law.
3 86. On information and belief, and thereon alleged, Defendant Dicks’ unfair and
4 deceptive acts and practices are not made by accident or mistake, but were and are deliberate,
5 knowing, and willful, and done with malicious intent to harm Plaintiffs and reap undeserved
6 profits by diverting consumers from the Patented Products to the Infringing Products.
7 87. As a direct and proximate result of Defendant Dicks’ conduct including, without
8 limit, the unauthorized and improper use of Plaintiffs’ intellectual property rights protected by
9 the Patents, respectively, Plaintiffs have suffered losses and Defendant Dicks has been unjustly
10 enriched. Plaintiffs are entitled to damages up to and including twice the amount of pecuniary
11 loss, as well as costs and attorney fees.
12 FOURTH CAUSE OF ACTION FOR
13 OPEN ACCOUNTS
14 88. Plaintiff PBLX repeats and realleges each and every allegation as set forth in
15 paragraphs 1 through 87, above, as though fully set forth in this cause of action and incorporates
16 said paragraphs by reference.
17 89. Throughout 2016, Defendant Dicks’ ordered from Plaintiff PBLX merchandise,
18 including Plaintiffs’ Patented Products, on an open book account for money due for goods sold
19 and delivered to Defendant Dicks, at the special instance and request of Defendant Dicks.
20 90. Defendant Dicks’ and Plaintiff PBLX had financial transactions and it was their
21 practice to operate on open book account.
22 91. Plaintiff PBLX kept an account of the debits and credits in the transactions.
23 92. Although due demand has been made for the moneys owing, the sum due has not
24 been paid and it is now due, owing, and unpaid with interest or late charges thereon.
25 93. The amount of money owed is in excess of $1.2 million. The Statement of
26 Invoices showing sums owed is attached hereto as Exhibit D and incorporated herein.
27 94. As a result of Defendant Dicks’ failure to pay the sum due and owning, Plaintiff
28 PBLX has been required to employ legal counsel to commence and prosecute this action.
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1 Plaintiff PBLX has incurred and continues to incur attorneys’ fees. When costs, expenses, and
2 fees have been ascertained, Plaintiff PBLX will pray leave of this Court to amend this Complaint
3 to state and seek the amount thereof.
4 FIFTH CAUSE OF ACTION FOR
5 ACCOUNTS STATED

9 96. Throughout 2016, an account was stated by and between Defendant Dicks and
10 Plaintiff PBLX for goods sold and delivered to Defendant Dicks, at Defendant Dicks’ special
11 instance and request.
12 97. It was therein agreed by these parties that Defendant Dicks was indebted to
13 Plaintiff PBLX in the sums shown on the Statement of Invoices attached as Exhibit D and
14 incorporated herein, plus interest and/or late charges thereon, said sums being in excess of $1.2
15 million dollars.
16 98. Despite due demand therefor having been made by Plaintiff PBLX, Defendant
17 Dicks has then and does now fail, neglect, and refuse to pay said sum, or any part thereof, and
18 there is no due, owing and unpaid to Plaintiff PBLX the stated sum shown.
19 SIXTH CAUSE OF ACTION FOR
20 BREACH OF WRITTEN AGREEMENT
24 100. Throughout 2016, Plaintiff PBLX delivered goods sold and delivered to
25 Defendant Dicks, at Defendant Dicks’ special instance and request, on the basis of invoices, said
26 invoices being listed in the Statement of Invoices attached as Exhibit D and incorporated herein.
27 101. In making the representations and promises to Plaintiff PBLX set forth in the
28 invoices, Defendant Dicks knew, or reasonably should have known, that Plaintiff PBLX would
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1 be reasonably induced to rely upon such promises and representations and, in reliance thereon,
2 Plaintiff PBLX sold and delivered the goods ordered to Defendant Dicks.
3 102. Plaintiff PBLX reasonably relied on the promises and representations made in the
4 commercial practices between it and Defendant Dicks.
5 103. But for the promises and representations of Defendant Dicks, Plaintiff PBLX
6 would not have sold and delivered its products to Defendant Dicks.
7 104. Defendant Dicks has failed to pay for goods sold, delivered, and accepted, and
8 therefore has not performed its promises and representations made to Plaintiff PBLX under the
9 written invoices, thereby breaching the terms of those invoices.
10 105. Despite Plaintiff PBLX’s demand for payment, Defendant Dicks has failed and
11 refused, and continues to fail and refuse, to pay Plaintiff PBLX the sum due and owing as shown
12 in the said Statement of Invoices, and as such is in breach of the promises and terms thereof.
13 106. As a direct and proximate result of Defendant Dicks’ failure to perform according
14 to the promises and representations it made in said Invoices, Plaintiff PBLX has been damaged
15 in sums shown in the Statement of Invoices, which sums exceed $1.2 million.
16 107. As a result of Defendant Dicks’ failure to pay the sum due and owning, Plaintiff
17 PBLX has been required to employ legal counsel to commence and prosecute this action.
18 Plaintiff PBLX has incurred and continues to incur attorneys’ fees. When costs, expenses, and
19 fees have been ascertained, Plaintiff PBLX will pray leave of this Court to amend this Complaint
20 to state and seek the amount thereof.
21 SEVENTH CAUSE OF ACTION FOR

22 UNJUST ENRICHMENT
24 paragraphs 1 through 107, above, as though fully set forth in this cause of action and
25 incorporates said paragraphs by reference.
26 109. Defendant Dicks has received the benefit of Plaintiff’s goods, as set forth above.
27 110. In furnishing and delivering goods to Defendant Dicks, Plaintiff PBLX was not
28 acting as volunteer, and Defendant Dicks has accepted the benefits of that which Plaintiff PBLX
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1 has furnished, but without paying therefor.

2 111. Defendant Dicks has been unjustly enriched and further, it would be inequitable
3 for Defendant Dicks to be allowed to retain the benefits of Plaintiff PBLX’s goods without being
4 ordered to pay the sum, which is in excess of $1.2 million, shown in the Statement of Invoices in
5 Exhibit D, attached hereto and incorporated herein in full, together with interest thereon at the
6 rate allowed by law.
7 PRAYER FOR RELIEF
8 WHEREFORE, Plaintiffs respectfully pray the Court:
9 a. On Claim 1, for a judgment in favor of Plaintiffs PBLX and GForce that
10 Defendant Dicks has infringed, directly or indirectly, by way of inducing and/or contributing to
11 the infringement of the 237 Patent.
12 b. On Claim 2, for a judgment in favor of Plaintiffs PBLX and Solomon that
13 Defendant Dicks has infringed, directly or indirectly, by way of inducing and/or contributing to
14 the infringement of the 569 Patent.
15 c. On Claims 1 and 2, an accounting of all infringing sales and damages;
16 d. On Claims 1 and 2, for a permanent injunction enjoining Defendant Dicks and its
17 officers, directors, agents, servants, affiliates, employees, divisions, branches, subsidiaries,
18 representatives, and all others acting in active concert therewith, from the further infringement,
19 inducing further infringement, or contributing to the further infringement of the Patents and/or
20 either of them.
21 e. On Claims 1 and 2, an award of damages pursuant to 35 U.S.C. § 284 and 288
22 sufficient to compensate Plaintiffs, respectively, for Defendant Dicks’ past infringement and any
23 continuing or future infringement up until the date Defendant Dicks is finally and permanently
24 enjoined from further infringement.
25 f. On Claims 1 and 2, an assessment of pre-judgment and post-judgment interest and
26 costs against Defendant Dicks, together with an award of such interest and costs, in accordance
27 with 35 U.S.C. § 285.
28 g. On Claims 1 and 2, if any infringement is found to be willful, pursuant to 35
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1 U.S.C. § 284, a judgment awarding Plaintiffs, respectively, treble damages together with
2 prejudgment interest.
3 h. On Counts 1 and 2, for a judgment and order finding that this is an exceptional
4 case within the meaning of 35 U.S.C. § 285, and an award to Plaintiffs, and/or each of them, of
5 reasonable attorney fees.
6 i. On Count 3, for a judgment and order finding that Defendant Dicks’ actions
7 constitute unfair competition and unfair and deceptive acts or practices in violation of California
8 Unfair Competition laws and awarding Plaintiffs actual damages, treble those actual damages or
9 punitive damages in an amount determined by the trier of fact, and reasonable attorney fees,
10 together with pre- and post-judgment interest thereon at the maximum legal rate.
11 j. On Counts 4 thru 7, for a judgment and order on accounts owed and payable to
12 Plaintiffs and damages for breach of contract for failure to pay said accounts by Defendants’
13 Dicks, together with interest thereon at the maximum legal rate, according to proof at time of
14 trial or entry of judgment.
15 k. For such other and further relief as the Court may deem just and proper.
16
JURY DEMAND
17 Plaintiffs demand trial by jury on all claims and issues so triable.
18
19 May 14
DATED: ____________________, 2019 ____________________________
Phillip Geurts
20 phil@mgcalaw.com
21 State Bar No. 231320
GEURTS LAW FIRM
22 18100 Von Karman Ave., Suite 850
Irvine, CA 92612
23 Tel: 714-307-9192
Fax: 949-861-6155
24
Attorney for Plaintiffs
25 PBLX, Inc., GForce Corporation,
and Daneen Solomon
26
27
28
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EXHIBIT A
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23
24
25
26
27
28
EXHIBIT B
PAGE 25
EXHIBIT B
PAGE 26
EXHIBIT B
PAGE 27
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22 EXHIBIT C
23
24
25
26
27
28
EXHIBIT C
PAGE 28
EXHIBIT C
PAGE 29
EXHIBIT C
PAGE 30
EXHIBIT C
PAGE 31
EXHIBIT C
PAGE 32
EXHIBIT C
PAGE 33
U.S. Patent Oct. 9, 2018 Sheet 5 of 5 US D830,569 S
FIG. 8
EXHIBIT C
PAGE 34
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22 EXHIBIT D
23
24
25
26
27
28
EXHIBIT D
PAGE 35
PBLX CORP.
STATEMENT OF INVOICES FOR CUSTOMER DICKS
January - December 2016
Transaction Sales
Date Type Num Product/Service Memo/Description Qty Price Amount Balance
DICKS MERCHANDISING & SUPPLY
CHAIN, INC.
advertising store and products via social media, online web and
01/08/2016 Invoice 1022 ADV FEE MEDIA (deleted) print 1 1,611.00 1,611.00 1,611.00
01/25/2016 Invoice 1112 release # 342006486 0.00 1,611.00
01/25/2016 Invoice 1109 release# 342006485 0.00 1,611.00
01/25/2016 Invoice 1110 CS10220149 RTS 284436 1,611.00
01/25/2016 Invoice 1111 CS10220184 RTS 284435 1,611.00
01/25/2016 Invoice 1109 CS10220233 RTS 284433 1,611.00
01/25/2016 Invoice 1112 CS1022054 RTS 284434 0.00 1,611.00
01/25/2016 Invoice 1110 ship date 2-1-16 0.00 1,611.00
01/25/2016 Invoice 1109 ship 2-1-16 0.00 1,611.00
01/25/2016 Invoice 1110 cancel 2-5-16 0.00 1,611.00
01/25/2016 Invoice 1111 cancel 2-5-16 0.00 1,611.00
01/25/2016 Invoice 1112 cancel 2-5-16 0.00 1,611.00
01/25/2016 Invoice 1109 cancel 2-5-16 0.00 1,611.00
01/25/2016 Invoice 1110 order # 342006462 0.00 1,611.00
01/25/2016 Invoice 1111 order# 342006462 0.00 1,611.00
01/25/2016 Invoice 1112 order# 342006462 0.00 1,611.00
01/25/2016 Invoice 1109 order# 342006462 0.00 1,611.00
01/25/2016 Invoice 1110 GP210 DYNAGRIP STRESS BALL 2616 1.50 3,924.00 5,535.00
01/25/2016 Invoice 1110 30080 (12PK) 12 PACK TRAY MASSAGE ROLLERS MULTI COLOR 2820 6.00 16,920.00 33,543.00
01/25/2016 Invoice 1110 release # 342006484 0.00 100,503.00
01/25/2016 Invoice 1111 release # 342006487 0.00 100,503.00
PmntDiscount_Advertising and
01/29/2016 Invoice 1198 Promotion (deleted) JAN ADVERTISING PROMO 1 1,288.80 1,288.80 101,791.80
CONTRACT ALLOWANCE DISCOUNT ON PRODUCT
01/29/2016 Credit Memo 1197 ALLOWANCE ORDERED2015 ALLOWANCE -1 7,769.88 -7,769.88 94,021.92
01/29/2016 Credit Memo 1199 ALLOWANCE ORDERED NEW STORE ALLOWANCES FOR JAN -1 1,114.14 -1,114.14 92,907.78
ORDER # 342006463
SHIP 2-29-16
02/22/2016 Invoice 1293 CANCEL 3-4-16 92,907.78
ORDER # 342006463
SHIP 2-29-16
02/22/2016 Invoice 1292 CANCEL DATE 3-4-16 92,907.78
ORDER# 342006463
SHIP DATE 2-29-16
02/22/2016 Invoice 1295 CANCEL 3-4-16 92,907.78
ORDER # 342006463
SHIP 2-29-16
02/22/2016 Invoice 1294 CANCEL 3-4-16 92,907.78
ORDER # 188004534
SHIP DATE 2-29-16
ORDER # 188004534
SHIP DATE 2-29-16
ORDER# 188004534
SHIP DATE 2-29-16
02/22/2016 Invoice 1289 30080 (6PK) SPORTS MASSAGE ROLLERS 12 pks 3360 6.00 20,160.00 152,595.78
02/22/2016 Invoice 1295 30080 (6PK) SPORTS MASSAGE ROLLERS 12 pks 2640 6.00 15,840.00 213,075.78
ORDER # 188004534
SHIP DATE : 2-26-16
03/22/2016 Credit Memo 1423 ALLOWANCE ORDERED -1 500.00 -500.00 279,895.78
03/22/2016 Credit Memo 1421 ALLOWANCE ORDERED (1536876 CK#) -1 6,136.56 -6,136.56 273,759.22
03/22/2016 Credit Memo 1423 2% ALLOWANCE 2% ALLOWANCE PER CONTRACT ck# 1535716 -1 ######## -26,798.25 246,960.97
03/22/2016 Credit Memo 1422 damaged product DAMAGED PRODUCT ( CK#1535726 -1 3,036.69 -3,036.69 243,924.28
EXHIBIT D
PAGE 36
Transaction Sales
04/11/2016 Credit Memo 1524 ALLOWANCE ORDERED -1 6,736.61 -6,736.61 300,187.67
04/21/2016 Invoice 1576 2172 POUNDS (2 PALLETS) 300,187.67
04/21/2016 Invoice 1578 53 CASES OF MASSAGE ROLLERS 300,187.67
04/21/2016 Invoice 1576 48 CASES OF MASSAGE ROLLERS - 96 30 PACKS 300,187.67
04/21/2016 Invoice 1577 30 CASES OF MASSAGE ROLLERS 300,187.67
04/21/2016 Invoice 1578 152 CASES OF GRIP BALLS 300,187.67
04/21/2016 Invoice 1578 2 PALLETS 2720 LBS 300,187.67
04/21/2016 Invoice 1576 RTS# 328021 300,187.67
04/21/2016 Invoice 1577 2 PALLETS 2605 LBS 300,187.67
04/21/2016 Invoice 1576 30080 (6PK) SPORTS MASSAGE ROLLERS 2880 6.00 17,280.00 356,059.67
04/21/2016 Invoice 1577 RTS# 328032 362,899.67
04/21/2016 Invoice 1578 RTS# 328022 373,699.67
04/21/2016 Invoice 1576 156 CARTONS TOTAL 373,699.67
05/03/2016 Credit Memo 1644 ALLOWANCE ORDERED LP1645072 -1 590.00 -590.00 372,754.67
05/03/2016 Credit Memo 1644 ALLOWANCE ORDERED BDF2016 -1 ######## -17,823.12 354,931.55
ORDER# 188004848
05/11/2016 Invoice 1692 RELEASE# 188004892 354,931.55
ORDER# 188004848
05/11/2016 Invoice 1691 RELEASE# 188004894 354,931.55
ORDER# 188004808
05/11/2016 Invoice 1693 RELEASE# 188004895 354,931.55
ORDER# 188004808
05/11/2016 Invoice 1690 RELEASE # 188004893 354,931.55
05/25/2016 Invoice 1767 ORDER# 188004809 RELEASE# 188004958 423,913.71
05/25/2016 Invoice 1762 ORDER# 188004677 RELEASE#188004963 423,913.71
05/31/2016 Credit Memo 1800 ALLOWANCE shortage of on master case massage rollers but it was not short -1 360.00 -360.00 576,661.71
05/31/2016 Credit Memo 1800 ALLOWANCE deduction 500.00 because of shortage -1 500.00 -500.00 576,161.71
ORDER# 188004810
06/27/2016 Invoice 1891 SHIPPING DATE: 6/27/2016-7/1/2016 573,516.57
ORDER# 188004810
ORDER# 188004810
ORDER# 188004810
07/08/2016 Invoice 1938 30080 (12PK) 12 PACK TRAY MASSAGE ROLLERS MULTI COLOR 36 6.00 216.00 589,747.40
07/11/2016 Credit Memo 1967 ALLOWANCE short ship -1 150.00 -150.00 590,029.40
ORDER# 188004678
07/13/2016 Invoice 1900 SHIPPING WINDOW: 7/3/2016-7/15/2016 590,029.40
EXHIBIT D
PAGE 37
Transaction Sales
ORDER# 188004678
ORDER# 188004678
ORDER# 188004678
07/14/2016 Credit Memo 1983 ALLOWANCE ORDERED 1-1-16 through 12-31-16 -1 2,645.14 -2,645.14 653,876.26
08/01/2016 Invoice 2042 GP210 DYNAGRIP STRESS BALL 96 1.50 144.00 654,020.26
08/08/2016 Invoice 2064 SHIP WINDOW: 8/5/2016-8/12/2016 654,596.26
08/16/2016 Invoice 2085 SHIP WINDOW: 8/13-8/20 651,574.55
08/22/2016 Invoice 2099 30080 (6PK) SPORTS MASSAGE ROLLERS 30 6.00 180.00 651,754.55
08/22/2016 Invoice 2098 SHIP DATE: 8/22/2016-8/26/2016 652,114.55
08/24/2016 Credit Memo 3255 ALLOWANCE ORDERED -1 ######## -18,025.02 634,593.53
08/24/2016 Credit Memo 3255 ALLOWANCE DEFECTIVE ALLOWANCE -1 3,273.71 -3,273.71 631,319.82
09/06/2016 Credit Memo 3692 ALLOWANCE ORDERED 1754-01 -1 144.00 -144.00 631,175.82
09/06/2016 Credit Memo 3692 ALLOWANCE ORDERED def allow -1 4.95 -4.95 631,170.87
09/06/2016 Credit Memo 3692 ALLOWANCE in1693641 charge -1 2.40 -2.40 631,168.47
09/06/2016 Credit Memo 3692 ALLOWANCE IL1693641 charge -1 256.00 -256.00 630,912.47
09/26/2016 Invoice 4311 RTS# 409470 630,912.47
09/26/2016 Invoice 4310 RTS# 409468 630,912.47
09/26/2016 Invoice 4309 RTS# 409463 632,244.47
09/26/2016 Invoice 4308 RTS# 409439 632,244.47
09/26/2016 Credit Memo 8028 ADV FEE MEDIA (deleted) bdf 2016 5271 -1 ######## -18,025.02 614,219.45
09/26/2016 Invoice 4307 RTS# 409427 614,219.45
10/05/2016 Credit Memo 4769 ALLOWANCE ORDERED 8/26/16 - 10/1/16 -1 8,216.32 -8,216.32 606,003.13
10/05/2016 Credit Memo 4768 ALLOWANCE ORDERED 1/1/16 - 12/31/16 3.6 % 2/28/16 -4/2/16 -1 6,736.61 -6,736.61 599,266.52
11/04/2016 Credit Memo 6875 ADV FEE MEDIA (deleted) coop fee 5% 1/1/16-12-31-16 -1 ######## -15,953.97 583,731.35
11/04/2016 Credit Memo 6875 ALLOWANCE ORDERED defective -1 8,216.32 -8,216.32 575,515.03
ORDER# 188004678
12/01/2016 Invoice 9016 30080 (12PK) 12 PACK TRAY MASSAGE ROLLERS MULTI COLOR 60 -6.00 -360.00 575,155.03
Total for DICKS MERCHANDISING &
SUPPLY CHAIN, INC. $ 592,985.82
CHAIN, INC. #351
08/23/2016 Invoice 2514 GP210 DYNAGRIP STRESS BALL 48 1.50 72.00 72.00
EXHIBIT D
PAGE 38
Transaction Sales
08/23/2016 Invoice 3004 MISC CANCEL 8/30/16 1 0.00 0.00 432.00
08/23/2016 Invoice 3017 MISC 8/30/16 1 0.00 0.00 432.00
08/23/2016 Invoice 3042 MISC CANCEL 8/30/16 1 0.00 0.00 1,584.00
08/23/2016 Invoice 3002 MISC CANCEL DATE 8-30-16 1 0.00 0.00 1,980.00
EXHIBIT D
PAGE 39
Transaction Sales
08/23/2016 Invoice 3056 MISC CANCEL 1 0.00 0.00 4,608.00
EXHIBIT D
PAGE 40
Transaction Sales
EXHIBIT D
PAGE 41
Transaction Sales
EXHIBIT D
PAGE 42
Transaction Sales
EXHIBIT D
PAGE 43
Transaction Sales
08/24/2016 Invoice 3059 MISC CANCE 8/30/16 1 0.00 0.00 54,216.00
08/24/2016 Invoice 3062 MISC CANCEL DATE: 8/30/2016 1 0.00 0.00 54,216.00
08/24/2016 Invoice 3061 MISC 1 0.00 0.00 54,216.00
08/24/2016 Invoice 3075 MISC CANCEL DATE 8/30/2016 1 0.00 0.00 54,216.00
08/24/2016 Invoice 3098 MISC CANCEL 8-30-16 1 0.00 0.00 54,252.00
08/24/2016 Invoice 3099 MISC CANCEL 8-30-16 1 0.00 0.00 54,288.00
EXHIBIT D
PAGE 44
Transaction Sales
EXHIBIT D
PAGE 45
Transaction Sales
EXHIBIT D
PAGE 46
Transaction Sales
EXHIBIT D
PAGE 47
Transaction Sales
EXHIBIT D
PAGE 48
Transaction Sales
EXHIBIT D
PAGE 49
Transaction Sales
EXHIBIT D
PAGE 50
Transaction Sales
EXHIBIT D
PAGE 51
Transaction Sales
EXHIBIT D
PAGE 52
Transaction Sales
EXHIBIT D
PAGE 53
Transaction Sales
EXHIBIT D
PAGE 54
Transaction Sales
EXHIBIT D
PAGE 55
Transaction Sales
10/13/2016 Invoice 5129 Services SHIP DATE: 10/6/16-10/13/16 24 1.50 36.00 81,900.00
EXHIBIT D
PAGE 56
Transaction Sales
EXHIBIT D
PAGE 57
Transaction Sales
EXHIBIT D
PAGE 58
Transaction Sales
EXHIBIT D
PAGE 59
Transaction Sales
EXHIBIT D
PAGE 60
Transaction Sales
EXHIBIT D
PAGE 61
Transaction Sales
EXHIBIT D
PAGE 62
Transaction Sales
EXHIBIT D
PAGE 63
Transaction Sales
EXHIBIT D
PAGE 64
Transaction Sales
EXHIBIT D
PAGE 65
Transaction Sales
EXHIBIT D
PAGE 66
Transaction Sales
EXHIBIT D
PAGE 67
Transaction Sales
EXHIBIT D
PAGE 68
Transaction Sales
EXHIBIT D
PAGE 69
Transaction Sales
EXHIBIT D
PAGE 70
Transaction Sales
EXHIBIT D
PAGE 71
Transaction Sales
EXHIBIT D
PAGE 72
Transaction Sales
EXHIBIT D
PAGE 73
Transaction Sales
EXHIBIT D
PAGE 74
Transaction Sales
EXHIBIT D
PAGE 75
Transaction Sales
EXHIBIT D
PAGE 76
Transaction Sales
EXHIBIT D
PAGE 77
Transaction Sales
EXHIBIT D
PAGE 78
Transaction Sales
EXHIBIT D
PAGE 79
Transaction Sales
EXHIBIT D
PAGE 80
Transaction Sales
12/06/2016 Invoice 9464 SHIP DATE: 12/06/16/12/13/16 145,008.00
EXHIBIT D
PAGE 81
Transaction Sales
EXHIBIT D
PAGE 82
Transaction Sales
EXHIBIT D
PAGE 83
Transaction Sales
EXHIBIT D
PAGE 84
Transaction Sales
EXHIBIT D
PAGE 85
Transaction Sales
EXHIBIT D
PAGE 86
Transaction Sales
EXHIBIT D
PAGE 87
Transaction Sales
EXHIBIT D
PAGE 88
Transaction Sales
EXHIBIT D
PAGE 89
Transaction Sales
12/22/2016 Credit Memo 10728 ALLOWANCE ORDERED UF1742981 -1 500.00 -500.00 162,508.00
12/22/2016 Credit Memo 10728 ALLOWANCE ORDERED AA-41743056 -1 500.00 -500.00 162,008.00
12/22/2016 Credit Memo 10728 ALLOWANCE ORDERED IN1743179 -1 1.80 -1.80 162,006.20
EXHIBIT D
PAGE 90
Transaction Sales
EXHIBIT D
PAGE 91
Transaction Sales
EXHIBIT D
PAGE 92
Transaction Sales
SUPPLY CHAIN, INC. #351 $ 171,690.20
CHAIN, INC. #51
08/22/2016 Invoice 2844 30080 (6PK) SPORTS MASSAGE ROLLERS 12 6.00 72.00 72.00
08/22/2016 Invoice 2849 SHIP DATE: 8/23/2016-8/30/2016 252.00
EXHIBIT D
PAGE 93
Transaction Sales
08/22/2016 Invoice 2855 30080 (12PK) 12 PACK TRAY MASSAGE ROLLERS MULTI COLOR 6 6.00 36.00 828.00
EXHIBIT D
PAGE 94
Transaction Sales
EXHIBIT D
PAGE 95
Transaction Sales
EXHIBIT D
PAGE 96
Transaction Sales
EXHIBIT D
PAGE 97
Transaction Sales
EXHIBIT D
PAGE 98
Transaction Sales
EXHIBIT D
PAGE 99
Transaction Sales
EXHIBIT D
PAGE 100
Transaction Sales
EXHIBIT D
PAGE 101
Transaction Sales
EXHIBIT D
PAGE 102
Transaction Sales
EXHIBIT D
PAGE 103
Transaction Sales
EXHIBIT D
PAGE 104
Transaction Sales
EXHIBIT D
PAGE 105
Transaction Sales
EXHIBIT D
PAGE 106
Transaction Sales
EXHIBIT D
PAGE 107
Transaction Sales
EXHIBIT D
PAGE 108
Transaction Sales
10/18/2016 Invoice 5255 SHIP DATE 10/11/16-10/18/16 61,740.00
EXHIBIT D
PAGE 109
Transaction Sales
EXHIBIT D
PAGE 110
Transaction Sales
EXHIBIT D
PAGE 111
Transaction Sales
EXHIBIT D
PAGE 112
Transaction Sales
EXHIBIT D
PAGE 113
Transaction Sales
EXHIBIT D
PAGE 114
Transaction Sales
EXHIBIT D
PAGE 115
Transaction Sales
EXHIBIT D
PAGE 116
Transaction Sales
EXHIBIT D
PAGE 117
Transaction Sales
EXHIBIT D
PAGE 118
Transaction Sales
EXHIBIT D
PAGE 119
Transaction Sales
EXHIBIT D
PAGE 120
Transaction Sales
EXHIBIT D
PAGE 121
Transaction Sales
EXHIBIT D
PAGE 122
Transaction Sales
EXHIBIT D
PAGE 123
Transaction Sales
EXHIBIT D
PAGE 124
Transaction Sales
EXHIBIT D
PAGE 125
Transaction Sales
EXHIBIT D
PAGE 126
Transaction Sales
EXHIBIT D
PAGE 127
Transaction Sales
EXHIBIT D
PAGE 128
Transaction Sales
EXHIBIT D
PAGE 129
Transaction Sales
EXHIBIT D
PAGE 130
Transaction Sales
12/07/2016 Credit Memo 9595 ADV FEE MEDIA (deleted) new store -1 50.40 -50.40 109,462.56
12/07/2016 Credit Memo 9595 ADV FEE MEDIA (deleted) -1 68.40 -68.40 109,394.16
EXHIBIT D
PAGE 131
Transaction Sales
EXHIBIT D
PAGE 132
Transaction Sales
EXHIBIT D
PAGE 133
Transaction Sales
EXHIBIT D
PAGE 134
Transaction Sales
12/14/2016 Credit Memo 10123 REVERSAL CHARGE BACK uf1737730 -1 265.00 -265.00 116,491.16
12/14/2016 Credit Memo 10123 REVERSAL CHARGE BACK il1737467 -1 252.00 -252.00 116,239.16
EXHIBIT D
PAGE 135
Transaction Sales
EXHIBIT D
PAGE 136
Transaction Sales
EXHIBIT D
PAGE 137
Transaction Sales
EXHIBIT D
PAGE 138
Transaction Sales
EXHIBIT D
PAGE 139
Transaction Sales
EXHIBIT D
PAGE 140
Transaction Sales
SUPPLY CHAIN, INC. #51 $ 131,323.16
CHAIN, INC. #651
08/23/2016 Invoice 2238 SHIP DATE: 8/17-8/24
EXHIBIT D
PAGE 141
Transaction Sales
08/23/2016 Invoice 2226 SHIP DATE: 8/17-8/24 1,512.00
EXHIBIT D
PAGE 142
Transaction Sales
EXHIBIT D
PAGE 143
Transaction Sales
EXHIBIT D
PAGE 144
Transaction Sales
EXHIBIT D
PAGE 145
Transaction Sales
EXHIBIT D
PAGE 146
Transaction Sales
EXHIBIT D
PAGE 147
Transaction Sales
EXHIBIT D
PAGE 148
Transaction Sales
EXHIBIT D
PAGE 149
Transaction Sales
EXHIBIT D
PAGE 150
Transaction Sales
EXHIBIT D
PAGE 151
Transaction Sales
EXHIBIT D
PAGE 152
Transaction Sales
EXHIBIT D
PAGE 153
Transaction Sales
EXHIBIT D
PAGE 154
Transaction Sales
EXHIBIT D
PAGE 155
Transaction Sales
EXHIBIT D
PAGE 156
Transaction Sales
EXHIBIT D
PAGE 157
Transaction Sales
EXHIBIT D
PAGE 158
Transaction Sales
EXHIBIT D
PAGE 159
Transaction Sales
EXHIBIT D
PAGE 160
Transaction Sales
EXHIBIT D
PAGE 161
Transaction Sales
EXHIBIT D
PAGE 162
Transaction Sales
EXHIBIT D
PAGE 163
Transaction Sales
EXHIBIT D
PAGE 164
Transaction Sales
EXHIBIT D
PAGE 165
Transaction Sales
EXHIBIT D
PAGE 166
Transaction Sales
EXHIBIT D
PAGE 167
Transaction Sales
EXHIBIT D
PAGE 168
Transaction Sales
EXHIBIT D
PAGE 169
Transaction Sales
EXHIBIT D
PAGE 170
Transaction Sales
EXHIBIT D
PAGE 171
Transaction Sales
EXHIBIT D
PAGE 172
Transaction Sales
EXHIBIT D
PAGE 173
Transaction Sales
EXHIBIT D
PAGE 174
Transaction Sales
EXHIBIT D
PAGE 175
Transaction Sales
EXHIBIT D
PAGE 176
Transaction Sales
EXHIBIT D
PAGE 177
Transaction Sales
EXHIBIT D
PAGE 178
Transaction Sales
EXHIBIT D
PAGE 179
Transaction Sales
EXHIBIT D
PAGE 180
Transaction Sales
EXHIBIT D
PAGE 181
Transaction Sales
EXHIBIT D
PAGE 182
Transaction Sales
EXHIBIT D
PAGE 183
Transaction Sales
EXHIBIT D
PAGE 184
Transaction Sales
EXHIBIT D
PAGE 185
Transaction Sales
EXHIBIT D
PAGE 186
Transaction Sales
EXHIBIT D
PAGE 187
Transaction Sales
EXHIBIT D
PAGE 188
Transaction Sales
EXHIBIT D
PAGE 189
Transaction Sales
12/06/2016 Invoice 8415 473146 149,976.00
EXHIBIT D
PAGE 190
Transaction Sales
EXHIBIT D
PAGE 191
Transaction Sales
EXHIBIT D
PAGE 192
Transaction Sales
EXHIBIT D
PAGE 193
Transaction Sales
EXHIBIT D
PAGE 194
Transaction Sales
EXHIBIT D
PAGE 195
Transaction Sales
EXHIBIT D
PAGE 196
Transaction Sales
EXHIBIT D
PAGE 197
Transaction Sales
EXHIBIT D
PAGE 198
Transaction Sales
EXHIBIT D
PAGE 199
Transaction Sales
EXHIBIT D
PAGE 200
Transaction Sales
EXHIBIT D
PAGE 201
Transaction Sales
EXHIBIT D
PAGE 202
Transaction Sales
EXHIBIT D
PAGE 203
Transaction Sales
EXHIBIT D
PAGE 204
Transaction Sales
EXHIBIT D
PAGE 205
Transaction Sales
EXHIBIT D
PAGE 206
Transaction Sales
EXHIBIT D
PAGE 207
Transaction Sales
SUPPLY CHAIN, INC. #651 $ 198,446.00
DICKS SPORTING GOODS-DC#851
EXHIBIT D
PAGE 208
Transaction Sales
EXHIBIT D
PAGE 209
Transaction Sales
EXHIBIT D
PAGE 210
Transaction Sales
EXHIBIT D
PAGE 211
Transaction Sales
EXHIBIT D
PAGE 212
Transaction Sales
EXHIBIT D
PAGE 213
Transaction Sales
EXHIBIT D
PAGE 214
Transaction Sales
EXHIBIT D
PAGE 215
Transaction Sales
EXHIBIT D
PAGE 216
Transaction Sales
EXHIBIT D
PAGE 217
Transaction Sales
EXHIBIT D
PAGE 218
Transaction Sales
EXHIBIT D
PAGE 219
Transaction Sales
EXHIBIT D
PAGE 220
Transaction Sales
EXHIBIT D
PAGE 221
Transaction Sales
EXHIBIT D
PAGE 222
Transaction Sales
EXHIBIT D
PAGE 223
Transaction Sales
EXHIBIT D
PAGE 224
Transaction Sales
EXHIBIT D
PAGE 225
Transaction Sales
EXHIBIT D
PAGE 226
Transaction Sales
EXHIBIT D
PAGE 227
Transaction Sales
EXHIBIT D
PAGE 228
Transaction Sales
EXHIBIT D
PAGE 229
Transaction Sales
EXHIBIT D
PAGE 230
Transaction Sales
EXHIBIT D
PAGE 231
Transaction Sales
EXHIBIT D
PAGE 232
Transaction Sales
EXHIBIT D
PAGE 233
Transaction Sales
11/28/2016 Credit Memo 8364 ALLOWANCE chrg back uf1724426 -1 362.50 -362.50 95,649.50
11/28/2016 Credit Memo 8364 ALLOWANCE chrg back ea1724354 -1 500.00 -500.00 95,149.50
11/28/2016 Credit Memo 8364 ALLOWANCE chrg back mo1730511 -1 500.00 -500.00 91,559.85
EXHIBIT D
PAGE 234
Transaction Sales
EXHIBIT D
PAGE 235
Transaction Sales
EXHIBIT D
PAGE 236
Transaction Sales
EXHIBIT D
PAGE 237
Transaction Sales
EXHIBIT D
PAGE 238
Transaction Sales
12/06/2016 Invoice 8948 7510029047 109,919.85
EXHIBIT D
PAGE 239
Transaction Sales
EXHIBIT D
PAGE 240
Transaction Sales
EXHIBIT D
PAGE 241
Transaction Sales
EXHIBIT D
PAGE 242
Transaction Sales
12/20/2016 Invoice 9924 30080 (6PK) SPORTS MASSAGE ROLLERS6 12 6.00 72.00 120,143.85
EXHIBIT D
PAGE 243
Transaction Sales
EXHIBIT D
PAGE 244
Transaction Sales
EXHIBIT D
PAGE 245
Transaction Sales
EXHIBIT D
PAGE 246
Transaction Sales
Total for DICKS SPORTING GOODS-
DC#851 $ 133,103.85

SUPPLY CHAIN, INC. with sub-customers $ 1,227,549.03
DICKS SPORTING DROPSHIP
01/04/2016 Invoice 978 11100 (deleted) PRO PLUS IN A CLAM SHELL SINGLE UNIT 1 11.50 11.50 11.50
01/04/2016 Invoice 977 10010 SPORTS PRO WITH POWER STARTER COMBO PACK 1 12.00 12.00 23.50
01/04/2016 Invoice 978 DROPSHIP FEE DROP SHIP SERVICE FEE 1 1.00 1.00 48.50
01/04/2016 Invoice 973 12050 BLUE LIGHTED POWERBALL SINGLE UNIT 1 13.10 13.10 66.60
BLUE LIGHTED PLATINUM POWERBALL WITH POWER
01/04/2016 Invoice 976 12090BLUE STARTER 1 15.50 15.50 82.10
01/29/2016 Invoice 1148 11110 (deleted) PRO PLUS WITH POWER STARTER 1 13.50 13.50 174.30
EXHIBIT D
PAGE 247
Transaction Sales
01/29/2016 Invoice 1147 ups y2x172 0.00 187.30
01/29/2016 Invoice 1148 ysx172 ups 3rd party 0.00 187.30
BLUE LIGHTED PLATINUM POWERBALL WITH POWER
03/21/2016 Invoice 1401 12090BLUE STARTER 2 15.50 31.00 363.00
03/31/2016 Invoice 1466 12000C AMBER LIGHTED POWERBALL SINGLE 1 13.10 13.10 415.70
04/04/2016 Invoice 1492 Shipping 10.77 465.97
04/22/2016 Invoice 1583 12090WHITE WHITE PLATINUM POWERBALL WITH POWER STARTER 2 15.50 31.00 589.47
EXHIBIT D
PAGE 248
Transaction Sales
06/23/2016 Invoice 1909 ADV FEE MEDIA (deleted) the over payment invoice 21.51 plus 1.00 handling fee 1 6.01 6.01 906.88
07/11/2016 Invoice 1965 12090WHITE WHITE PLATINUM POWERBALL WITH POWER STARTER 1 15.50 15.50 1,011.19
07/15/2016 Invoice 1988 DROPSHIP FEE DROP SHIP SERVICE FEE 1 1.00 1.00 1,012.19
07/15/2016 Invoice 1988 10010 SPORTS PRO WITH POWER STARTER COMBO PACK 1 12.00 12.00 1,024.19
07/22/2016 Invoice 2012 12050 BLUE LIGHTED POWERBALL SINGLE UNIT 1 13.10 13.10 1,076.29
09/26/2016 Invoice 4318 20015G EXERFLEX BALL GREEN BOX 1 5.85 5.85 1,312.04
EXHIBIT D
PAGE 249
Transaction Sales
EXHIBIT D
PAGE 250
Transaction Sales
EXHIBIT D
PAGE 251
Transaction Sales
Total for DICKS SPORTING DROPSHIP $ 2,943.74
TOTAL $ 1,230,492.77
Friday, Nov 09, 2018 09:53:44 AM GMT-8 - Accrual Basis
EXHIBIT D
PAGE 252

PBLX V Dick's Sporting Goods - Complaint

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PBLX V Dick's Sporting Goods - Complaint

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Case 8:19-cv-00922 Document 1 Filed 05/15/19 Page 1 of 252 Page ID #:1

1 Phillip Geurts, SBN 231320

28 enrichment under the laws of the State of California.

8 3. Plaintiffs seek to enjoin permanently Defendant Dick’s further sale of the

10 and attorney fees pursuant to 35 U.S.C. §§ 271, 281, 283-285.

13 5. Plaintiff PBLX also seeks to recover damages on claims of breach of contract,

15 staff persons live in the Central District of California.

1 and on that basis provided the Patented Products to Defendant Dicks.

25 Solomon and licensed exclusively to Plaintiff PBLX.

28 57. The 569 Patent is entitled Massage Roller.

11 loss, as well as costs and attorney fees.

12 FOURTH CAUSE OF ACTION FOR

16 said paragraphs by reference.

21 practice to operate on open book account.

8 said paragraphs by reference.

21 SEVENTH CAUSE OF ACTION FOR

25 incorporates said paragraphs by reference.

1 has furnished, but without paying therefor.

U.S. Patent Oct. 9, 2018 Sheet 5 of 5 US D830,569 S

Total for DICKS MERCHANDISING &

Friday, Nov 09, 2018 09:53:44 AM GMT-8 - Accrual Basis

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