McGuire declined to discuss the case further.
In the movie, Helms' character, Stu, wakes up in a Bangkok bathtub with a facial tattoo.
Whitmill claimed the filmmakers ripped off the design that he tattooed on Tyson in 2003 in Las Vegas. Whitmill now lives in Missouri.
The lawsuit filed in federal court in St. Louis tried to block the film's release, but a judge ruled just two days before the film's May 26 debut that it could open as scheduled.
