UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION EVOLVE COMPOSITES, INC.

and POLYSLAB INTERNATIONAL PTY. LTD., Civil Action ____________ Plaintiffs, v. DIVERSITECH CORPORATION, Defendant. Jury Trial Demanded

COMPLAINT Plaintiffs Evolve Composites, Inc. and Polyslab International Pty. Ltd. state for their Complaint against Defendant DiversiTech Corporation (DiversiTech) upon knowledge with respect to their own acts and upon information and belief with respect to all other matters, as follows: PRELIMINARY STATEMENT Evolve Composites and Polyslab International Pty. Ltd. bring a claim against DiversiTech for DiversiTechs infringement of U.S. Patent No. 8,152,129 (the 129 Patent) in violation of 35 U.S.C. 271. Accordingly, Plaintiffs seek, among other relief, a permanent injunction to prevent DiversiTech from importing

into the United States and manufacturing, having manufactured, distributing, offering to sell, and selling within the United States any products that infringe the 129 Patent; damages in the form of lost profits and/or a reasonable royalty; and the reasonable attorneys fees and costs incurred in prosecuting this action. THE PARTIES 1. Plaintiff Evolve Composites, Inc. is a corporation organized and

existing under the laws of the State of Maryland, with its principal place of business located at 10320 Little Patuxent Parkway, Suite 606, Columbia, Maryland 21044. 2. Plaintiff Polyslab International Pty. Ltd. is a corporation organized

and existing under the laws of Australia, with a place of business at 247 David Low Way, Peregian Beach, Queensland, Australia 4573 3. Defendant DiversiTech Corporation is a corporation organized and

existing under the laws of the State of Georgia, with its principal place of business at 6650 Sugarloaf Parkway, Suite 100, Duluth, Georgia 30097. DiversiTech can be served with process through service upon its registered agent, Charles M. Lipman, DiversiTech Corporation, 6650 Sugarloaf Parkway, Suite 100, Duluth, Georgia 30097.

JURISDICTION AND VENUE 4. This Court has jurisdiction over the subject matter of this Complaint

pursuant to the provisions of 28 U.S.C. 1338. 5. This Court has personal jurisdiction over DiversiTech because it has

committed a tortious act within the Northern District of Georgia by offering to sell, distributing and selling infringing products to customers in this District, and it maintains its principal place of business in this District. 6. Venue is appropriate in this Court pursuant to the provisions of 28

U.S.C. l400(b) because DiversiTech is subject to personal jurisdiction in this District and therefore resides in this District. PATENT INFRINGEMENT 7. On April 12, 2012, the 129 Patent was duly and legally issued. The

129 Patent has been at all times since the date of issue valid and enforceable. A true and correct copy of the 129 Patent is attached as Exhibit A. 8. Polyslab International Pty. Ltd. is the owner by assignment of all

right, title and interest in and to the 129 Patent. 9. Polyslab International Pty. Ltd. has granted to Evolve Composites an

exclusive license in the United States to make, use, offer for sale, and sell the inventions claimed and disclosed in the 129 Patent. Polyslab International Pty.
3

Ltd. has also granted to Evolve Composites the right to bring an action for infringement of the 129 Patent. 10. The 129 Patent is directed to a nestable equipment pad for a

condensing unit. 11. Evolve Composites manufactures, distributes, sells and offers to sell

equipment pads that incorporate the inventions claimed in the 129 Patent under the mark Polyslab. 12. There is a substantial demand for Evolve Composites Polyslab

equipment pads. 13. DiversiTech has imported and is importing into the United States

equipment pads under the name Heat Pump Pad (the Accused Pads), is manufacturing the Accused Pads in the United States, and/or is having the Accused Pads manufactured in the United States. 14. DiversiTech has offered to sell and is offering to sell, has distributed

and is distributing, has sold and is selling, has used and is using such Accused Pads in the United States. 15. A true and correct copy of a brochure showing and describing the

Accused Pads is attached as Exhibit B.

16.

The Accused Pads incorporate the inventions claimed and described

in at least claim 12 of the 129 Patent. 17. By importing into the United States, manufacturing, having

manufactured, offering to sell, distributing, selling and using the Accused Pads in the United States, DiversiTech is directly infringing the 129 Patent. 18. Court. 19. DiversiTechs acts of infringement have and will continue to damage DiversiTech will not cease such tortious acts unless enjoined by this

Plaintiffs, and Plaintiffs have no adequate remedy at law. PRAYER FOR RELIEF WHEREFORE, Evolve Composites and Polyslab Pty. Ltd. pray the Court to enter judgment against DiversiTech as follows: A. Finding that DiversiTech is infringing one or more valid claims of the

129 Patent, including at least claim 12 of the 129 Patent B. Ordering DiversiTech to account to Plaintiffs for the actual damages

suffered by Plaintiffs as a result of DiversiTechs acts of infringement of the 129 Patent, as set forth in this Complaint, the exact extent of which is to be determined at trial;

C.

Permanently enjoining, during the time period during which the 129

Patent is in force and effect, DiversiTech, its subsidiaries and all affiliated companies, its officers, agents, servants, representatives, employees, attorneys, successors, assigns, heirs, and all persons acting in concert or participation with them, from: (1) importing into the United States, manufacturing, having

manufactured, distributing, selling, offering to sell, and using in the United States the Accused Pads, and/or any other equipment pad that directly infringes the 129 Patent; and (2) D. performing any further acts of infringement of the 129 Patent.

Finding this case to be exceptional under 35 U.S.C. 285 and

awarding Plaintiffs their reasonable attorneys fees and prejudgment interest for having to bring this action to preserve their rights in the 129 Patent; E. Ordering DiversiTech to deliver up for destruction all Accused Pads

and all other infringing equipment pads in DiversiTechs possession or control in the United States; and

F. Granting Plaintiffs such other and further relief as the Court may deem just and proper. JURY DEMAND Plaintiffs Evolve Composites and Polyslab Pty. Ltd. demand a trial by jury on all issues so triable.

Dated: June 12, 2012 HUNTON & WILLIAMS LLP /s/ Bradley W. Grout Bradley W. Grout bgrout@hunton.com Bank of America Plaza, Suite 4100 600 Peachtree Street, NE Atlanta, Georgia 30308 Tel: 404-888-4283 Attorneys for Plaintiffs Evolve Composites, Inc. and Polyslab International Pty. Ltd.

OF COUNSEL: ABELMAN, FRAYNE & SCHWAB Jeffrey A. Schwab jaschwab@lawabel.com Richard L. Crisona rlcrisona@lawabel.com 666 Third Avenue New York, New York 10017 Tel.: 212-949-9022