Recent Successes 2005 Archive
May 28, 2005
Fitch Even today announced that client Cytomedix, Inc. has resolved its patent infringement suit against Harvest Technologies, Inc. over Cytomedix's patented platelet gel therapy technology. The two companies agreed to dismiss the lawsuit, and Harvest agreed to make an immediate lump sum payment, and to pay ongoing future royalties for a license covering Cytomedix's "Knighton" patent as part of the settlement.
The settlement occurred during the second week of a jury trial before Judge Patti B. Saris in the United States District Court for the District of Massachusetts, after cross-examination of Harvest's lead technical expert, following which Judge Saris reaffirmed an important legal claim interpretation ruling underlying an earlier grant of summary judgment in Cytomedix's favor on the issue of Harvest's infringement.
The resolution of this matter marks another milestone in the campaign led by Fitch Even to enforce Cytomedix's patent rights while seeking opportunities to license the technology to companies who can help Cytomedix expand the market for platelet gel therapy in a variety of clinical applications.
The trial team for Cytomedix consisted of Fitch Even lawyers Steve Schroer, Tim Maloney, Karl Fink and Rudy Kratz.
