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

) ) TRI STAR METALS INC. ) 554 S. Allen Street ) Boyd, Texas 76023-3340 ) ) Defendant. _____________________________________ ) ) MIDMARK CORPORATION 60 Vista Drive Versailles, Ohio 45380

Case No. 3:13-cv-00243 Judge:

COMPLAINT AND DEMAND FOR JURY TRIAL Plaintiff Midmark Corporation (Midmark) complains against the Defendant Tri Star Metals Inc. (Tri Star) 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, Tri Star Metals Inc. is a Texas corporation having

its principal place of business at 554 S. Allen Street, Boyd, Texas 76023-3340.

JURISDICTION AND VENUE 1

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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 Tri Star does business in this district. Upon information and belief, Tri Star 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, on information and belief, Tri Star has committed acts of infringement within this district by selling and/or offering for sale infringing products. 6. On information and belief, Tri Star does substantial, continuous, and systematic

business in the State of Ohio, including in the Southern District of Ohio and within the jurisdiction of the Western Division of the United States District Court for the Southern District of Ohio. On further information and belief, Tri Star has purposefully directed its business activities to residents of the State of Ohio, and sold and offered for sale products other than infringing products to residents of the State of Ohio. On further information and belief, Tri Star has also advertised and marketed its products to residents of the State of Ohio.

BACKGROUND FACTS 7. 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. 8. Midmark is a leading supplier of innovative veterinary procedure tables.

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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. 10. 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. 11. 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. 12. 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. 13. Upon information and belief, Tri Star has manufactured and/or sold, and is

currently manufacturing and/or offering for sale, veterinary tables, including its Wall Mount Lift Table and its Free Standing Lift Table (collectively, Tri Star Veterinary Tables).

COUNT I Infringement of U.S. Letters Patent No. 7,827,922 14. 15. This count is for patent infringement under 35 U.S.C. 271. Midmark expressly incorporates by reference the allegations of paragraphs 1-14,

as though fully set forth herein. 16. Tri Star 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 Free Standing Lift Table. 3

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Tri Star 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 18. Midmark has notified Tri Star regarding U.S. Patent Application Publication No.

2007/0125314, which ultimately issued as the 922 patent, via a June 11, 2008 letter to Mr. Richard Batterton. For these and other reasons, Tri Stars acts of patent infringement complained of herein are being carried out willfully. 19. As a result of Tri Stars 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 Tri Star. Such injury and damage to Midmark will continue unless Tri Star is enjoined by this Court from further infringement. COUNT II Infringement of U.S. Letters Patent No. 8,443,761 20. 21. This count is for patent infringement under 35 U.S.C. 271. Midmark expressly incorporates by reference the allegations of paragraphs 1-20,

as though fully set forth herein. 22. Tri Star 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 Tri Star Veterinary Tables. 23. Tri Star 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.

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Upon information and belief, the acts of infringement complained of herein are

being carried out willfully and with full knowledge by Tri Star of the 761 patent. 25. As a result of Tri Stars 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 Tri Star. Such injury and damage to Midmark will continue unless Tri Star is enjoined by this Court from further infringement.

PRAYER FOR RELIEF WHEREFORE, Midmark Corporation prays for the following relief against Tri Star Metals Inc. A. That a judgment be entered against Tri Star, that Tri Star has infringed United

States Patent Nos. 7,827,922 and 8,443,761. B. That Tri Star, 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 Tri Star 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 Midmarks 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.

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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. 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 and proper.

JURY DEMAND Midmark Corporation hereby demands and requests trial by jury of all issues raised that are triable by jury. 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