Case 1:14-cv-03026-MHC Document 7 Filed 10/27/14 Page 1 of 20
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF GEORGIA
`ATLANTA DIVISION
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`INVISAFLOW, LLC
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`Plaintiff,
`
`v.
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`EURAMAX INTERNATIONAL, INC.
`and EURAMAX HOLDINGS, INC.
`
`Defendants.
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`Case No. 1:14-cv-03026-WSD
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`JURY TRIAL DEMANDED
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`FIRST AMENDED AND VERIFIED COMPLAINT
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`Plaintiff Invisaflow, LLC (“Plaintiff” or “Invisaflow”), by its attorneys, files
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`this First Amended and Verified Complaint for patent infringement, trade dress
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`infringement, and unfair competition against Defendants Euramax International,
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`Inc. (“Euramax”), including its division Amerimax Home Products, and Euramax
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`Holdings Inc. (“Euramax Holdings”)
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`(also referred to collectively as “the
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`Defendants”), based upon actual knowledge as to itself and its own actions, and
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`upon information and belief as to all other persons and events, as follows:
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`Petitioner Euramax International, Inc. - Exhibit 1010 Page 1
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`

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`Case 1:14-cv-03026-MHC Document 7 Filed 10/27/14 Page 2 of 20
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`Nature of the Action
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`1.
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`This is an action for patent infringement under the patent laws of the
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`United States, 35 U.S.C. § 1, et seq.; for trade dress infringement under Section
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`43(a) of the Lanham Act, 15 U.S.C. § 1125(a); for unfair competition under
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`Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a), and for violation of
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`Georgia’s Deceptive Trade Practices Act, O.C.G.A. §§ 10-1-370, et seq.
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`The Parties
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`2.
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`Plaintiff Invisaflow is a limited liability company organized and
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`existing under the laws of the State of Georgia, with its principal place of business
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`at 1350 Bluegrass Lakes Parkway, Alpharetta, Georgia 30004.
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`3.
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`Upon information and belief, Defendant Euramax is a corporation
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`organized and existing under the laws of the State of Delaware, having a principal
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`place of business at 303 Research Drive, Suite 400 Norcross, GA 30092.
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`4.
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`Upon information and belief, until about 2012, Amerimax Home
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`Products, Inc. was a corporation organized and existing under the laws of the State
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`of Delaware, having a principal place of business at 303 Research Drive, Suite 400
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`Norcross, GA 30092. Upon information and belief, by about 2012, Amerimax
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`Home Products, Inc. merged with and integrated into Defendant Euramax. Upon
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`information and belief, since the merger and integration, Amerimax Home
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`Products now operates as a division of Defendant Euramax.
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`2
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`Petitioner Euramax International, Inc. - Exhibit 1010 Page 2
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`

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`Case 1:14-cv-03026-MHC Document 7 Filed 10/27/14 Page 3 of 20
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`5.
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`Upon information and belief, Defendant Euramax Holdings is a
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`company organized and existing under the laws of Delaware, having a principal
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`place of business at 303 Research Drive, Suite 400 Norcross, GA 30092.
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`6.
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`Upon information and belief, Defendant Euramax is a wholly owned
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`subsidiary of Defendant Euramax Holdings.
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`Jurisdiction and Venue
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`7.
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`This claim arises under the United States patent laws, 35 U.S.C. § 1,
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`et seq., under the Lanham Act, 15 U.S.C. § 1051, et seq., and under the Georgia
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`Uniform Deceptive Trade Practices Act, O.C.G.A. §§ 10-1-370, et seq. This Court
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`has subject matter jurisdiction over this action pursuant to 28 U.S.C. §§ 1331 and
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`1338(a). This Court has jurisdiction over Plaintiff Invisaflow’s related state claims
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`under 28 U.S.C. § 1338(b) and 28 U.S.C. § 1367.
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`8.
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`Defendant Euramax is subject to personal jurisdiction in Georgia
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`because, among other things, it has, directly or through intermediaries, committed
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`acts within Georgia giving rise to this action and/or regularly does business,
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`derives substantial revenues, and has established minimum contacts with Georgia
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`such that the exercise of jurisdiction would not offend traditional notions of fair
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`play and justice.
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`9.
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`Defendant Euramax Holdings is subject to personal jurisdiction in
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`Georgia because, among other things, it has, directly or through intermediaries,
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`3
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`Petitioner Euramax International, Inc. - Exhibit 1010 Page 3
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`Case 1:14-cv-03026-MHC Document 7 Filed 10/27/14 Page 4 of 20
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`committed acts within Georgia giving rise to this action and/or regularly does
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`business, derives substantial revenues, and has established minimum contacts with
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`Georgia such that the exercise of jurisdiction would not offend traditional notions
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`of fair play and justice.
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`10. Venue is proper in this District and Division pursuant to 28 U.S.C. §§
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`1391(b), 1391(c) and 1400(b). Upon information and belief, the Defendants each
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`have maintained a regular and established place of business and are doing business
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`in this judicial district, and have committed acts of infringement arising out of their
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`contacts in and are causing injury to Plaintiff Invisaflow in this judicial district.
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`Factual Background
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`11.
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`Plaintiff Invisaflow has been in business since 2008 manufacturing
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`and selling innovative products in the drainage industry, including low-profile
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`water emitting attachments.
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`12. On October 15, 2013, United States Patent No. 8,556,195 (“the ’195
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`Patent”), entitled “Low Profile Attachment for Emitting Water,” was duly and
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`legally issued to inventor Sloan Haynes, Jr. The ’195 Patent has been duly and
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`legally assigned to Plaintiff Invisaflow. A true and correct copy of the ’195 Patent
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`is attached hereto as Exhibit A.
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`4
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`Petitioner Euramax International, Inc. - Exhibit 1010 Page 4
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`Case 1:14-cv-03026-MHC Document 7 Filed 10/27/14 Page 5 of 20
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`13.
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`Plaintiff Invisaflow is the owner by assignment of the ’195 Patent, and
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`has the full and exclusive right to bring suit to enforce the ’195 Patent, and recover
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`for any and all infringement thereof.
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`14. Upon information and belief, the Defendants have infringed the ’195
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`Patent by making, offering for sale, selling, importing, and/or using products in the
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`United States that embody the patented inventions described and claimed in the
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`’195 Patent. Upon information and belief, these infringing products include, but
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`are not limited to, the “Extend-A-Spout v2 Low Profile Drainage System” product
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`as
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`marketed
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`in
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`various
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`stores
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`and
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`online
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`at
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`http://www.amerimax.com/solutions/rainwater-diversion. Exhibit B.
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`15. As a result of the infringement of the ’195 Patent, Plaintiff Invisaflow
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`has been damaged, will be further damaged, and is entitled to be compensated for
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`such damages, pursuant to 35 U.S.C. § 284, in an amount to be determined at trial,
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`but no less than a reasonable royalty.
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`16.
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`Plaintiff Invisaflow contacted and met with the Defendants on May
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`22, 2014 informing them of the ’195 Patent and requested that the Defendants
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`cease and desist from all manufacturing, marketing, distribution, uses, offers for
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`sale, and sales of the “Extend-A-Spout” product. The Defendants have continued
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`to manufacture, market, distribute, use, offer for sale, import, and/or sell the
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`5
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`Petitioner Euramax International, Inc. - Exhibit 1010 Page 5
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`

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`Case 1:14-cv-03026-MHC Document 7 Filed 10/27/14 Page 6 of 20
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`“Extend-A-Spout v2” product. Accordingly, the Defendants’ wrongful activities
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`will continue unless enjoined by the Court.
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`17. Upon information and belief, Defendants purposefully continued
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`manufacturing, marketing, distribution, use, offers for sale, imports, and/or sales of
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`the “Extend-A-Spout v2” product despite knowledge of the ’195 Patent and despite
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`an objectively high likelihood that their actions constituted infringement of one or
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`more valid claims of the ’195 Patent (as Defendants knew or should have known),
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`warranting an award of increased damages, a finding of willful infringement, and
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`a finding that this case is “exceptional” pursuant to 35 U.S.C. §§ 284 and 285.
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`18.
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`Since at least 2010, Plaintiff Invisaflow has marketed and sold its
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`StealthFlow low profile downspout extension product using a distinctive and
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`nonfunctional trade dress incorporating a signature long low-profile shape
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`beginning with a gradual transition that emanates from a round-shaped piping
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`(“StealthFlow Trade Dress”) that is depicted in the following image:
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`6
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`Petitioner Euramax International, Inc. - Exhibit 1010 Page 6
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`Case 1:14-cv-03026-MHC Document 7 Filed 10/27/14 Page 7 of 20
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`19.
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`The StealthFlow Trade Dress has acquired secondary meaning with
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`consumers through its long standing use by Plaintiff Invisaflow. The StealthFlow
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`Trade Dress identifies Plaintiff Invisaflow as the source of the StealthFlow
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`product, and distinguishes the StealthFlow product from other downspout
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`extension products. Invisalfow owns all right, title and interest in the StealthFlow
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`Trade Dress and has exclusively used such trade dress until Defendants
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`infringement thereof.
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`20.
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`Plaintiff Invisaflow has heavily advertised and promoted
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`its
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`StealthFlow product including the StealthFlow Trade Dress. This advertising and
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`promotion has been accomplished by means of promotional and informational
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`brochures, store displays, website, and other advertising, each of which has
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`featured the StealthFlow Trade Dress.
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`21. As a result of the distinctive StealthFlow Trade Dress, as well as
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`Plaintiff InvisaFlow’s advertising and promotion of
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`the StealthFlow,
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`the
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`StealthFlow has become very well-known and is closely associated with Plaintiff
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`Invisaflow. The StealthFlow has been and continues to be a leading downspout
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`extension product.
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`22.
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`Intending to capitalize on the success of Plaintiff InvisaFlow’s
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`StealthFlow product, Defendants released their “Extend-A-Spout” downspout
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`extension product, which largely copied the design of the StealthFlow, and in
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`7
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`Petitioner Euramax International, Inc. - Exhibit 1010 Page 7
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`Case 1:14-cv-03026-MHC Document 7 Filed 10/27/14 Page 8 of 20
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`particular the elements of the StealthFlow Trade Dress, namely, the signature long
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`low-profile shape beginning with a gradual transition that emanates from a round-
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`shaped piping. Defendants’ “Extend-A-Spout” product is depicted below:
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`23. By designing the “Extend-A-Spout” product to replicate the unique
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`look and feel of Plaintiff Invisaflow’s successful StealthFlow product, albeit with a
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`lesser quality product, Defendants intentionally used, adopted, appropriated, and/or
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`copied the StealthFlow Trade Dress without any approval or authorization from
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`Plaintiff Invisaflow.
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`24.
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`Plaintiff Invisaflow has not licensed the StealthFlow Trade Dress to
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`Defendants, nor has Plaintiff Invisaflow authorized Defendants to use the
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`StealthFlow Trade Dress in any way.
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`25.
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`Through their use, adoption, appropriation, and/or copying of the
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`StealthFlow Trade Dress without authorization, Defendants are misleading,
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`deceiving, and/or confusing consumers in the marketplace as to the source, origin,
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`sponsorship, or approval of the “Extend-A-Spout” product. In fact, Plaintiff
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`8
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`Petitioner Euramax International, Inc. - Exhibit 1010 Page 8
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`Case 1:14-cv-03026-MHC Document 7 Filed 10/27/14 Page 9 of 20
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`Invisaflow has received numerous inquiries from consumers who believe that the
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`“Extend-A-Spout” product originates from, or is sponsored or approved by,
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`Plaintiff Invisaflow. A true and accurate copy of just one example of such inquiry
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`from a confused consumer is attached hereto as Exhibit C.
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`26.
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`Through their use, adoption, appropriation, and/or copying of the
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`StealthFlow Trade Dress without authorization, Defendants are attempting to
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`obtain (and are obtaining) the benefits of the goodwill associated with the
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`StealthFlow Trade Dress.
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`27. Defendants’ use, adoption, appropriation, and/or copying of the
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`StealthFlow Trade Dress, without authorization,
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`in connection with their
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`advertisement, marketing, promotion, and sale of a confusingly similar type of
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`product as the StealthFlow in this district and elsewhere in the United States has
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`caused, and unless enjoined is likely to continue to cause confusion or mistake
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`among, and to deceive, the consuming public as to the source, origin, sponsorship,
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`or approval of the “Extend-A-Spout” product.
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`28.
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`Plaintiff Invisaflow has been damaged as a consequence of
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`Defendants’ unauthorized use, adoption, appropriation, and/or copying of the
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`StealthFlow Trade Dress. In addition, Defendants’ conduct could cause Plaintiff
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`Invisaflow to suffer further immediate and irreparable injury, loss, and damage for
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`which Plaintiff Invisaflow will have no adequate remedy at law.
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`9
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`Petitioner Euramax International, Inc. - Exhibit 1010 Page 9
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`Case 1:14-cv-03026-MHC Document 7 Filed 10/27/14 Page 10 of 20
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`29. Defendants’ use, adoption, appropriation, and/or copying of the
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`StealthFlow Trade Dress without authorization shows willful misconduct, malice,
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`fraud, wantonness, oppression, and/or the entire lack of care which would raise the
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`presumption of conscious indifference to its consequences.
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`Count I – Defendants’ Infringement of U.S. Patent No. 8,556,195
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`30.
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`Plaintiff
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`Invisaflow repeats and re-alleges
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`the allegations of
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`paragraphs 1–29 above as if fully set forth herein.
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`31. Upon information and belief, the Defendants have infringed and are
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`continuing to infringe the ’195 Patent, willfully and deliberately, by engaging in
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`acts including making, selling, offering to sell, importing, and/or using products
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`that embody the patented inventions described and claimed in the ’195 Patent.
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`Upon information and belief, these infringing products include, but are not limited
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`to, the Extend-A-Spout v2 Low Profile Drainage System product.
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`32. Upon information and belief, the Defendants will continue to infringe
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`the ’195 Patent unless and until enjoined by this Court. As a result of the
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`Defendants’ infringing conduct, Plaintiff Invisaflow has suffered, and will continue
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`to suffer, irreparable harm for which there is no adequate remedy at law. Plaintiff
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`Invisaflow is entitled to preliminary and permanent injunctive relief against such
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`infringement, under 35 U.S.C. § 283.
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`10
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`Petitioner Euramax International, Inc. - Exhibit 1010 Page 10
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`Case 1:14-cv-03026-MHC Document 7 Filed 10/27/14 Page 11 of 20
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`33.
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`Plaintiff Invisaflow gave Defendants notice of their infringement of
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`the ’195 Patent on May 22, 2014, but the Defendants have continued their
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`infringement, in willful disregard of the ’195 Patent and Plaintiff Invisaflow’s
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`rights created thereunder. This is an exceptional case because of the Defendants’
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`willful infringement.
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`34. As a result of the infringement of the ’195 Patent, Plaintiff Invisaflow
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`has been damaged, will be further damaged, and is entitled to be compensated for
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`such damages, pursuant to 35 U.S.C. § 284, in an amount to be determined at trial.
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`35.
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`The Defendants’ acts of infringement have been without an express or
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`implied license by Plaintiff Invisaflow, and are in violation of the rights owned by
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`Plaintiff Invisaflow.
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`Count II – Defendants’ Federal Trade Dress Infringement
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`36.
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`Plaintiff
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`Invisaflow repeats and re-alleges
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`the allegations of
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`paragraphs 1–35-11 and 18–29 above as if fully set forth herein.
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`37. Defendants’ unauthorized use, adoption, appropriation, and/or
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`copying of the StealthFlow Trade Dress has caused a likelihood of confusion,
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`mistake, or deception as to the source, origin, sponsorship, or approval of
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`Defendants’ “Extend-A-Spout” product, in violation of Section 43(a) of the
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`Lanham Act, 15 U.S.C. § 1125(a).
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`11
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`Petitioner Euramax International, Inc. - Exhibit 1010 Page 11
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`Case 1:14-cv-03026-MHC Document 7 Filed 10/27/14 Page 12 of 20
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`38. Defendants’ unauthorized use, adoption, appropriation, and/or
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`copying of the StealthFlow Trade Dress falsely suggests an affiliation or
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`connection with, or sponsorship or approval of, Defendants’ “Extend-A-Spout”
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`product, in violation of Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a).
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`39. Defendants’ actions have damaged Plaintiff Invisaflow and its
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`business.
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`40. Unless
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`temporarily, preliminarily and permanently
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`enjoined,
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`Defendants’ conduct will cause Plaintiff Invisaflow irreparable harm for which
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`there exists no adequate remedy at law.
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`41.
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`Plaintiff Invisaflow is entitled to recover from Defendants all damages
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`Plaintiff Invisaflow has suffered due to Defendants’ improper conduct, as well as
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`Defendants’ profits obtained from its infringing conduct, in an amount to be
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`proved at trial and to be trebled, pursuant to 15 U.S.C. § 1117.
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`42. Defendants’ actions are willful and deliberate and amount to
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`exceptional circumstances, justifying an award of attorneys’ fees to Plaintiff
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`Invisaflow pursuant to 15 U.S.C. § 1117.
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`Count III – Defendants’ Federal Unfair Competition
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`43.
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`Plaintiff
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`Invisaflow repeats and re-alleges
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`the allegations of
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`paragraphs 1-11, 18–29 and 36–42 above as if fully set forth herein.
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`12
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`Petitioner Euramax International, Inc. - Exhibit 1010 Page 12
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`Case 1:14-cv-03026-MHC Document 7 Filed 10/27/14 Page 13 of 20
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`44. Defendants’ unauthorized use, adoption, appropriation, and/or
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`copying of the StealthFlow Trade Dress has caused a likelihood of confusion,
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`mistake, or deception as to the source, origin, sponsorship, or approval of
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`Defendants’ “Extend-A-Spout” product, in violation of Section 43(a) of the
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`Lanham Act, 15 U.S.C. § 1125(a).
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`45. Defendants’ unauthorized use, adoption, appropriation, and/or
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`copying of the StealthFlow Trade Dress falsely suggests an affiliation or
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`connection with, or sponsorship or approval of, Defendants’ “Extend-A-Spout”
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`product, in violation of Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a).
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`46. Defendants’ actions of unfair competition have caused unjust
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`enrichment to Defendants and caused Plaintiff Invisaflow to sustain monetary
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`damages, loss, and injury to its business, trade, reputation, and goodwill in an
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`amount that is unknown to, and cannot be calculated by, Plaintiff Invisaflow at
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`present, and therefore must be determined at the trial of this action.
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`47. Unless
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`temporarily, preliminarily and permanently
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`enjoined,
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`Defendants’ conduct will cause Plaintiff Invisaflow irreparable harm for which
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`there exists no adequate remedy at law.
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`48.
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`Plaintiff Invisaflow is entitled to recover from Defendants all damages
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`Plaintiff Invisaflow has suffered due to Defendants’ improper conduct, as well as
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`13
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`Petitioner Euramax International, Inc. - Exhibit 1010 Page 13
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`Case 1:14-cv-03026-MHC Document 7 Filed 10/27/14 Page 14 of 20
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`Defendants’ profits obtained from its infringing conduct, in an amount to be
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`proved at trial and to be trebled, pursuant to 15 U.S.C. § 1117.
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`49. Defendants’ actions are willful and deliberate and amount to
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`exceptional circumstances, justifying an award of attorneys’ fees to Plaintiff
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`Invisaflow pursuant to 15 U.S.C. § 1117.
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`Count IV – Defendants’ Violations of the Georgia Deceptive
`Trade Practices Act, O.C.G.A. §§ 10-1-370 et seq.
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`50.
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`Plaintiff
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`Invisaflow repeats and re-alleges
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`the allegations of
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`paragraphs 1–49 above as if fully set forth herein.
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`51. Defendants’ use, adoption, appropriation, and/or copying of the
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`StealthFlow Trade Dress without authorization constitute unfair methods of
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`competition and unfair or deceptive acts or practices in violation of O.C.G.A. §§
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`10-1-370 et seq.
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`52. Defendants’ use, adoption, appropriation, and/or copying of the
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`StealthFlow Trade Dress without authorization constitute deceptive and misleading
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`trade practices in violation of O.C.G.A. §§ 10-1-372(a)(2), (3), (5), and (12).
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`53. Defendants’ acts were known by Defendants to be deceptive and
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`misleading, or through the exercise of reasonable care or investigation could or
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`might have been ascertained to be deceptive and misleading.
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`14
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`Petitioner Euramax International, Inc. - Exhibit 1010 Page 14
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`Case 1:14-cv-03026-MHC Document 7 Filed 10/27/14 Page 15 of 20
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`54. Defendants’ acts were conducted with the specific intent or purpose,
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`either directly or indirectly, of misleading, deceiving, and/or confusing consumers
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`in the marketplace as to the source, origin, sponsorship, or approval of the
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`“Extend-A-Spout” product.
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`55.
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`Plaintiff Invisaflow has suffered injury as a result of Defendants’
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`unfair, deceptive, and misleading acts.
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`56.
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`Plaintiff Invisaflow is entitled to an injunction on terms that the Court
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`considers reasonable, and all other available statutory remedies, pursuant to
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`O.C.G.A. § 10-1-373, and reasonable attorneys’ fees and costs.
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`Demand for Jury Trial
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`57.
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`Plaintiff Invisaflow demands a trial by jury on all appropriate issues.
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`Prayer for Relief
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`WHEREFORE, upon final hearing or trial, Plaintiff Invisaflow prays for the
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`following relief:
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`(a)
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`A judgment that the Defendants have infringed one or more
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`claims of the ’195 Patent;
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`(b) A judgment and order permanently restraining and enjoining
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`the Defendants, their directors, officers, employees, servants, agents,
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`affiliates, subsidiaries, others controlled by them, and all persons in active
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`concert or participation with them, from further infringing the ’195 Patent;
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`15
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`Petitioner Euramax International, Inc. - Exhibit 1010 Page 15
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`Case 1:14-cv-03026-MHC Document 7 Filed 10/27/14 Page 16 of 20
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`(c)
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`A judgment and order requiring the Defendants to pay damages
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`to Plaintiff Invisaflow adequate to compensate it for the Defendants’
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`wrongful infringing acts, in accordance with 35 U.S.C. § 284;
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`(d) A judgment and order that Defendants’ infringement of the
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`’195 Patent has been deliberate and willful;
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`(e)
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`A judgment and order requiring the Defendants to pay to
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`Plaintiff Invisaflow enhanced damages for Defendants’ willful infringement
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`of the ’195 Patent, up to three times the amount of compensatory damages
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`against Defendants, and pre-judgment interest under 35 U.S.C. § 284, and
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`post-judgment interest under 28 U.S.C. § 1961, on all damages awarded;
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`(f)
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`A finding in favor of Plaintiff Invisaflow that this is an
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`exceptional case, under 35 U.S.C. § 285, and an award to Plaintiff
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`Invisaflow of its costs, including its reasonable attorney fees and other
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`expenses incurred in connection with this action; and
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`(g) A judgment that the Defendants have infringed the StealthFlow
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`Trade Dress;
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`(h) A judgment and order permanently enjoining Defendants and
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`their directors, officers, employees, servants, agents, affiliates, subsidiaries,
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`others controlled by them, and all persons in active concert or participation
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`with them, from infringing the StealthFlow Trade Dress, including but not
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`16
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`Petitioner Euramax International, Inc. - Exhibit 1010 Page 16
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`Case 1:14-cv-03026-MHC Document 7 Filed 10/27/14 Page 17 of 20
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`limited to enjoining such parties from making, using, selling, and/or offering
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`for sale within the United States, and/or importing into the United States,
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`any products that infringe the StealthFlow Trade Dress;
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`(i)
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`A judgment and order requiring the Defendants to pay damages
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`to Plaintiff Invisaflow adequate to compensate it for the Defendants’
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`infringement of the StealthFlow Trade Dress, to be trebled, along with all
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`costs, attorneys’ fees, and pre-judgment and post-judgment interest, in
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`accordance with 15 U.S.C. § 1117;
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`(j)
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`A judgment
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`that the Defendants have engaged in unfair
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`competition in violation of 15 U.S.C. § 1125(a);
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`(k) A judgment and order permanently enjoining Defendants and
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`their directors, officers, employees, servants, agents, affiliates, subsidiaries,
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`others controlled by them, and all persons in active concert or participation
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`with them, from further acts of unfair competition;
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`(l)
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`A judgment and order requiring the Defendants to pay damages
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`to Plaintiff Invisaflow adequate to compensate it for the Defendants’ unfair
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`competition, to be trebled, along with all costs, attorneys’ fees, and pre-
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`judgment and post-judgment interest, in accordance with 15 U.S.C. § 1117;
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`17
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`Petitioner Euramax International, Inc. - Exhibit 1010 Page 17
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`

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`Case 1:14-cv-03026-MHC Document 7 Filed 10/27/14 Page 18 of 20
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`(m) A judgment that the Defendants have engaged in deceptive and
`
`misleading trade practices in violation of O.C.G.A. §§ 10-1-372(a)(2), (3),
`
`(5), and (12);
`
`(n) A judgment and order enjoining Defendants and their directors,
`
`officers, employees, servants, agents, affiliates, subsidiaries, others
`
`controlled by them, and all persons in active concert or participation with
`
`them from further deceptive and misleading trade practices, on terms that the
`
`Court considers reasonable, under O.C.G.A. § 10-1-373(a);
`
`(o) A judgment and order awarding Plaintiff Invisaflow relief
`
`under O.C.G.A. § 10-1-373(a) based on Defendants’ use, adoption,
`
`appropriation, and/or copying of the StealthFlow Trade Dress without
`
`authorization, and further awarding Plaintiff Invisaflow its reasonable
`
`attorneys’ fees and costs pursuant to O.C.G.A. § 10-1-373(b).
`
`(p)
`
`Such other costs and further relief as this Court may deem just
`
`and proper.
`
`This 27th day of October, 2014.
`
`By:
`
`/s/ Richard T. Matthews
`NORTH CAROLINA BAR NO. 32817
`WILLIAMS MULLEN
`301 FAYETTEVILLE ST., SUITE 1700
`RALEIGH, N.C. 27601
`PHONE: (919) 981-4000
`
`18
`
`Petitioner Euramax International, Inc. - Exhibit 1010 Page 18
`
`

`
`Case 1:14-cv-03026-MHC Document 7 Filed 10/27/14 Page 19 of 20
`
`FACSIMILE: (919) 981-4300
`RMATTHEWS@WILLIAMSMULLEN.COM
`
`Thomas Rosseland, Esq.
`GEORGIA BAR NO. 615230
`BODKER RAMSEY ANDREWS
`WINOGRAD WILDSTEIN, P.C.
`ONE SECURITIES CENTRE
`3490 PIEDMONT ROAD, SUITE 1400
`ATLANTA, GA 30305-4808
`PHONE: (404) 351-1615
`FACSIMILE: (404) 352-1285
`TROSSELAND@BRAWWLAW.COM
`
`COUNSEL FOR PLAINTIFF
`INVISAFLOW, LLC
`
`19
`
`Petitioner Euramax International, Inc. - Exhibit 1010 Page 19
`
`

`
`Case 1:14-cv-03026-MHC Document 7 Filed 10/27/14 Page 20 of 20
`
`VERIFICATION
`
`I, Jeffrey Smith, Vice President of Operations for Invisaflow, LLC
`
`(“Invisaflow”), hereby declare that I have read Invisaflow’s First Amended and
`
`Verified Complaint against Defendants, filed concurrently with this Verification,
`
`and know the contents thereof to be true based on my own personal knowledge,
`
`except as to such matters therein based on information and belief, and as to these
`
`matters, I believe them to be true. Pursuant to the provisions of 28 U.S.C. § 1746,
`
`I declare under penalty of perjury that the foregoing is true and correct.
`
`Executed on this 27th day of October, 2014.
`
`By:
`
`
`
`
`Jeffrey Smitheeeeeeeeeeeffffffffffffffffffffffrey Smith
`
`20
`
`Petitioner Euramax International, Inc. - Exhibit 1010 Page 20
`
`

`
`Case 1:14-cv-03026-MHC Document 7-1 Filed 10/27/14 Page 1 of 10
`
`EXHIBIT A
`
`Petitioner Euramax International, Inc. - Exhibit 1010 Page 21
`
`

`
`Case 1:14-cv-03026-MHC Document 7-1 Filed 10/27/14 Page 2 of 10
`
`Petitioner Euramax International, Inc. - Exhibit 1010 Page 22
`
`

`
`Case 1:14-cv-03026-MHC Document 7-1 Filed 10/27/14 Page 3 of 10
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`Petitioner Euramax International, Inc. - Exhibit 1010 Page 23
`
`

`
`Case 1:14-cv-03026-MHC Document 7-1 Filed 10/27/14 Page 4 of 10
`
`Petitioner Euramax International, Inc. - Exhibit 1010 Page 24
`
`

`
`Case 1:14-cv-03026-MHC Document 7-1 Filed 10/27/14 Page 5 of 10
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`Petitioner Euramax International, Inc. - Exhibit 1010 Page 25
`
`

`
`Case 1:14-cv-03026-MHC Document 7-1 Filed 10/27/14 Page 6 of 10
`
`Petitioner Euramax International, Inc. - Exhibit 1010 Page 26
`
`

`
`Case 1:14-cv-03026-MHC Document 7-1 Filed 10/27/14 Page 7 of 10
`
`Petitioner Euramax International, Inc. - Exhibit 1010 Page 27
`
`

`
`Case 1:14-cv-03026-MHC Document 7-1 Filed 10/27/14 Page 8 of 10
`
`Petitioner Euramax International, Inc. - Exhibit 1010 Page 28
`
`

`
`Case 1:14-cv-03026-MHC Document 7-1 Filed 10/27/14 Page 9 of 10
`
`Petitioner Euramax International, Inc. - Exhibit 1010 Page 29
`
`

`
`Case 1:14-cv-03026-MHC Document 7-1 Filed 10/27/14 Page 10 of 10
`
`Petitioner Euramax International, Inc. - Exhibit 1010 Page 30
`
`

`
`Case 1:14-cv-03026-MHC Document 7-2 Filed 10/27/14 Page 1 of 4
`
`EXHIBIT B
`
`Petitioner Euramax International, Inc. - Exhibit 1010 Page 31
`
`

`
`Amerimax — Rainwater Diversion
`Case 1:14-cv-03026-MHC Document 7-2 Filed 10/27/14 Page 2 of 4
`
`Page 1 of 3
`
`About Us (http://www.amerimax.com/about-us)
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`Contact (http://www.amerimax.com/contact)
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`Rainwater Diversion
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`How To
`Resources
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`Blog (http://www.amerimax.com/category/blog)
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`The new FLEX-A-SPOUT™ system provides a wide range of unique downspout drainage solutions. Various
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`http://www.amerimax.com/solutions/rainwater-diversion
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`9/19/2014
`
`Petitioner Euramax International, Inc. - Exhibit 1010 Page 32
`
`

`
`Amerimax — Rainwater Diversion
`Case 1:14-cv-03026-MHC Document 7-2 Filed 10/27/14 Page 3 of 4
`
`Page 2 of 3
`
`•
`
`Connects to other FLEX-A-SPOUT™ accessories
`
`(cid:66)
`
`Find A Retailer Near You
`Please enter your location and proximity.
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`Low Profile Extender
`Connects to Covered Splash Block
`•
`Telescoping Extender adds 9 to 28 inches
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`Splash Block
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`New and Improved Design!
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`http://www.amerimax.com/solutions/rainwater-diversion
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`9/19/2014
`
`Petitioner Euramax International, Inc. - Exhibit 1010 Page 33
`
`

`
`Amerimax — Rainwater Diversion
`Case 1:14-cv-03026-MHC Document 7-2 Filed 10/27/14 Page 4 of 4
`
`Page 3 of 3
`
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