IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION ) ) ) ) ) Plaintiff, ) ) v.

) ) TECHNIDYNE CORPORATION ) 2190 Route 9, Suite D2 ) Toms River, New Jersey 08755-0970 ) ) Defendant. _____________________________________ ) ) MIDMARK CORPORATION 60 Vista Drive Versailles, Ohio 45380

Case No. 3:13-cv-00242 Judge:

COMPLAINT AND DEMAND FOR JURY TRIAL Plaintiff Midmark Corporation (“Midmark”) complains against the Defendant Technidyne Corporation (“Technidyne”) as set forth below. NATURE OF THE ACTION 1. This is an action for patent infringement and arises under the patent laws of the

United States, codified in Title 35 of the United States Code. THE PARTIES 2. Plaintiff Midmark Corporation is an Ohio corporation having its principal place

of business at 60 Vista Drive, Versailles, Ohio 45380. 3. Upon information and belief, Technidyne Corporation is a New Jersey

corporation having its principal place of business at 2190 Route 9, Suite D2, Toms River, New Jersey 08753.

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JURISDICTION AND VENUE 4. This is a patent infringement case, and this Court has subject matter jurisdiction

under 28 U.S.C. § 1331 and 28 U.S.C. § 1338(a). 5. Venue in this judicial district is appropriate based on 28 U.S.C. §§ 1391(b)-(c),

and 1400(b), in that Technidyne does business in this district. Technidyne has sold and distributed infringing products in the State of Ohio and in this district, or has directly caused infringing products to be sold and distributed in the State of Ohio and in this district through one or more distributors, sales agents, authorized resellers, dealers, and business networks. Moreover, Technidyne has committed acts of infringement within this district by selling and/or offering for sale infringing products.

BACKGROUND FACTS 6. Midmark is an Ohio corporation and a leading supplier in the medical, dental, and

veterinary healthcare industries. Midmark provides innovative products and services in these industries, and integrates innovative technology in its products. 7. 8. Midmark is a leading supplier of innovative veterinary procedure tables. On November 9, 2010, the United States Patent and Trademark Office issued

United States Letters Patent No. 7,827,922, entitled “Adjustable Height Veterinary Table” (“the ‘922 patent”). A true and correct copy of the ‘922 patent is attached hereto as Exhibit 1. 9. Midmark holds all right, title, and interest in and to the ‘922 patent with full rights

to pursue recovery of royalties or damages for infringement of the ‘922 patent, including full rights to recover past and future damages.

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10.

On May 21, 2013, the United States Patent and Trademark Office issued United

States Letters Patent No. 8,443,761, entitled “Veterinary Procedure Table With Scale” (“the ‘761 patent”). A true and correct copy of the ‘761 patent is attached hereto as Exhibit 2. 11. Midmark holds all right, title, and interest in and to the ‘761 patent with full rights

to pursue recovery of royalties or damages for infringement of the ‘761 patent, including full rights to recover past and future damages. 12. Technidyne has manufactured and/or sold, and is currently manufacturing and/or

offering for sale, veterinary tables, including its Elsam III Free Standing Design Lift Table and its Elsam IV Wet Lift Table (collectively, “Technidyne Veterinary Tables”).

COUNT I – Infringement of U.S. Letters Patent No. 7,827,922 13. 14. This count is for patent infringement under 35 U.S.C. § 271. Midmark expressly incorporates by reference the allegations of paragraphs 1-13,

as though fully set forth herein. 15. Technidyne has directly infringed and continues to directly infringe the ‘922

patent by its manufacture, use, offering for sale, sale and/or importation into the United States of the above-described Elsam III Free Standing Design Lift Table. 16. Technidyne has directly infringed the ‘922 patent and, unless enjoined, will

continue to do so by making, using, selling or offering for sale products that are claimed by the ‘922 patent without license or permission from Midmark. 17. Upon information and belief, the acts of infringement complained of herein are

being carried out willfully and with full knowledge by Technidyne of the ‘922 patent.

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18.

As a result of Technidyne’s actions, Midmark has suffered and continues to suffer

substantial injury, including irreparable injury and monetary damage, including but not limited to the loss of sales and profits, which Midmark would have made but for the acts of infringement by Technidyne. Such injury and damage to Midmark will continue unless the Technidyne is enjoined by this Court from further infringement. COUNT II – Infringement of U.S. Letters Patent No. 8,443,761 19. 20. This count is for patent infringement under 35 U.S.C. § 271. Midmark expressly incorporates by reference the allegations of paragraphs 1-19,

as though fully set forth herein. 21. Technidyne has directly infringed and continues to directly infringe the ‘761

patent, by its manufacture, use, offering for sale, sale and/or importation into the United States of the above-described Technidyne Veterinary Tables. 22. Technidyne has directly infringed the ‘761 patent and, unless enjoined, will

continue to do so by making, using, selling or offering for sale products that are claimed by the ‘761 patent without license or permission from Midmark. 23. Upon information and belief, the acts of infringement complained of herein are

being carried out willfully and with full knowledge by Technidyne of the ‘761 patent. 24. As a result of Technidyne’s actions, Midmark has suffered and continues to suffer

substantial injury, including irreparable injury and monetary damage, including but not limited to the loss of sales and profits, which Midmark would have made but for the acts of infringement by Technidyne. Such injury and damage to Midmark will continue unless the Technidyne is enjoined by this Court from further infringement.

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PRAYER FOR RELIEF WHEREFORE, Midmark Corporation prays for the following relief against Technidyne Corporation. A. That a judgment be entered against Technidyne, that Technidyne has infringed

United States Patent Nos. 7,827,922 and 8,443,761. B. That Technidyne, its agents, sales representatives, servants and employees,

associates, attorneys, parents, successors and assigns, and any and all persons or entities acting at, through, under or in active concert or participation with any or all of them, be enjoined and permanently restrained from further infringing United States Patent Nos. 7,827,922 and 8,443,761. C. That a judgment be entered requiring Technidyne to pay to Midmark monetary

damages sustained by Midmark due to such acts of infringement, including lost profits or reasonable royalty under 35 U.S.C. § 284. D. If Midmark’s monetary recovery occurs under 35 U.S.C. § 284, that such

damages payable to Midmark be trebled under 35 U.S.C. § 284 for willful infringement. E. That this case be adjudged and decreed exceptional under 35 U.S.C. § 285, and

that Midmark be awarded its reasonable attorney fees. F. G. and proper. JURY DEMAND Midmark Corporation hereby demands and requests trial by jury of all issues raised that are triable by jury. 5 That Midmark be awarded its costs and prejudgment interest on all damages. And that Midmark be awarded such other and further relief as the Court deems just

Respectfully submitted, MIDMARK CORPORATION

Dated: July 25, 2013

s/ Brett A. Schatz Brett A. Schatz (0072038) bschatz@whe-law.com Trial Attorney WOOD, HERRON & EVANS, L.L.P. 441 Vine Street, 2700 Carew Tower Cincinnati, Ohio 45202-2917 Telephone: (513) 241-2324 Facsimile: (513) 241-6234 Attorneys for Plaintiff Midmark Corporation

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