UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION Canplas Industries, Ltd.

500 Veterans Drive, Box 1800 Barrie, Ontario L4M 4V3 CANADA Plaintiff, v. InterVac Design Corporation 2939 SW 42nd Avenue Palm City, FL 34990 and IVD Global Corporation 2939 SW 42nd Avenue Palm City, FL 34990 Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Case No.: JUDGE:

ORIGINAL COMPLAINT AND JURY DEMAND

COMPLAINT FOR PATENT INFRINGEMENT Plaintiff, Canplas Industries, Ltd. (Canplas or Plaintiff), by and through their undersigned attorneys, in this Complaint against Defendants, InterVac Design Corporation and IVD Global Corporation (collectively InterVac or Defendants), hereby allege as follows: NATURE OF LAWSUIT 1. This action involves claims for patent infringement arising under the

patent laws of the United States, Title 35 of the United States Code. This Court has exclusive jurisdiction over the subject matter of the Complaint under 28 U.S.C. 1338(a).

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THE PARTIES 2. Canplas Industries, Ltd. is a corporation organized under the laws of

Canada, and has its headquarters at 500 Veterans Drive, Box 1800, Barrie, Ontario, Canada L4M 4V3. Canplas has a U.S. subsidiary, Canplas LLC, which is organized under the laws of the state of Delaware and has its principal place of business at 11402 East 53rd Avenue, Suite 200, Denver, Colorado 80239. 3. Canplas owns all rights, title and interest in, and has standing to sue

for infringement of United States Patent No. 6,108,858 (the 858 patent) for Waste Receptacle for a Vacuum Cleaning Product, issued August 29, 2000. A copy of the 858 patent is annexed hereto as Exhibit A. 4. InterVac Design Corporation is a corporation organized under the laws

of the state of Florida, and has offices at 2939 SW 42nd Avenue, Palm City, Florida 34990. 5. IVD Global Corporation is a corporation organized under the laws of

the state of Florida, and also has offices at 2939 SW 42nd Avenue, Palm City Florida, 34990. 6. Upon information and belief, Defendants transact business and have,

at a minimum, offered to sell and/or sold in this judicial district and throughout the State of Ohio products that infringe claims of the 858 patent. 7. Venue is proper in this District under 28 U.S.C. 1391 and 1400(b).

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DEFENDANTS ACTS OF PATENT INFRINGEMENT 8. Upon information and belief, both InterVac Design Corporation and

IVD Global Corporation are controlled by the same principals, Peter Schlapkohl and Susan Schlapkohl. 9. Upon information and belief, Defendants have infringed claims of the

858 patents through, among other activities, the manufacture, offer for sale, and sale of the VacPort sweep inlet valve. A copy of Defendants website, located at http://www.intervacdesign.com and showing a description of the VacPort product, is annexed hereto as Exhibit B. A set of photographs of the VacPort product is

annexed hereto as Exhibit C. A copy of Defendants website showing the ability to purchase the VacPort product through the website is annexed hereto as Exhibit D. 10. Upon information and belief, both InterVac Design Corporation and

IVD Global Corporation participate in and derive benefit from patent infringement of the 858 patent. 11. Defendants infringement has injured and will continue to injure Plaintiff

unless and until this Court enters an injunction prohibiting further infringement and enjoining further sale of products that come within the scope of the 858 patent. PRAYER FOR RELIEF WHEREFORE, Plaintiff asks this Court to enter judgment against the Defendants, and against their subsidiaries, affiliates, agents, servants, employees and all persons in active concert or participation with them, granting the following relief:

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A.

An award of damages adequate to compensate Plaintiff for the

infringement that has occurred, together with prejudgment interest from the date that Defendants infringement of the 858 patent began; B. C. Increased damages as permitted under 35 U.S.C. 284; A finding that this case is exceptional and an award to Plaintiff of its

attorneys fees and costs as provided by 35 U.S.C. 285; D. A permanent injunction prohibiting further infringement, inducement

and contributory infringement of the 858 patent; and E. and just. Respectfully submitted, Such other and further relief as this Court or a jury may deem proper

Dated: July 19, 2013

/s/ Richard M. Klein Richard M. Klein (Ohio Bar No. 0029451) George P. Huang (Ohio Bar No. 0081166) FAY SHARPE LLP The Halle Building, 5th Floor 1228 Euclid Avenue Cleveland, Ohio 44115 Telephone: (216) 363 9000 Fax: (216) 363-9001 Email: RKlein@FaySharpe.com GHuang@FaySharpe.com Attorneys for Plaintiff Canplas Industries Ltd.

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JURY DEMAND Canplas demands a trial by jury on all issues presented in this Complaint. Respectfully submitted,

Dated: July 19, 2013

/s/ Richard M. Klein Richard M. Klein (Ohio Bar No. 0029451) George P. Huang (Ohio Bar No. 0081166) FAY SHARPE LLP The Halle Building, 5th Floor 1228 Euclid Avenue Cleveland, Ohio 44115 Telephone: (216) 363 9000 Fax: (216) 363-9001 Email: RKlein@FaySharpe.com GHuang@FaySharpe.com Attorneys for Plaintiff Canplas Industries Ltd.

PZNZ 300096US01 613485 1

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