Personeta Obtains Preliminary Injunction Protecting Trademark Rights

Tom Lebens Recognized With "Top 20 Under 40 Award"

Judgment Of Non-Infringement Entered For Pioneer Surgical

Fitch Even Client Cytomedix Secures Additional Licensees Of Its Patented Platelet Gel Technology

Cytomedix Resolves Lawsuit Against Harvest Technologies After Receiving Another Important Legal Ruling

Fitch Even Partner Presents IP Protection Seminar At IPLAC

Three Fitch Even Attorneys Named Illinois Super Lawyers For 2005

Bacus Laboratories, Inc. Receives Favorable Ruling From U.S. District Court

Fitch Even Completes International Research Collaboration With Max Planck Institute

Fitch Even To Moderate Panel Of Experts On Intellectual Property At The Midwest Entrepreneurs' Forum

Fitch Even Elects Two New Partners

December 21, 2005

The United States District Court for the Northern District of Illinois entered a preliminary injunction in favor of Fitch Even client, Personeta, Inc., in a trademark infringement suit brought by Personeta, Inc. against Persona Software, Inc. The injunction prohibits Persona from using its trade name while the lawsuit is pending. Personeta is a significant software and platform development company in the burgeoning area of fixed-mobile convergence in the telecommunications field.

Personeta is represented by Karl Fink, Joseph Nabor and Christine Abuel Pompa.

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December 8, 2005

Congratulations Thomas Lebens! Our managing partner for west coast operations won The Top 20 Under 40 Award for San Luis Obispo County. Mr. Lebens was selected from among more than 100 nominees from around the county who have shown professional excellence at work and commitment to the community.

Mr. Lebens has served the clients of Fitch Even for almost fifteen years. His practice focuses primarily in intellectual property and business strategies, particularly including electronics, communications, computer software, and internet technologies. Mr. Lebens received his juris doctorate cum laude in 1993 from University of San Diego and is an active member of several bar associations and local and civic organizations.

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November 18, 2005

On November 18, 2005, the United States District Court for the Western District of Michigan entered a final judgment that Pioneer Surgical Technology's Quantum™ Pedicle Screw system does not infringe U.S. Patent No. 6,565,565, which is owned by Stryker Corporation. On February 23, 2005, Pioneer filed for a declaratory judgment that its Quantum™ Screw system does not infringe the patent and that the patent is invalid. On October 13, 2005, the District Court denied two summary judgment motions filed by Stryker and granted Pioneer summary judgment that the Quantum™ system does not infringe the '565 patent. Pioneer is represented in this case by Steve Schroer, Phil Petti, Tim Maloney and Mark Borsos.

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October 17, 2005

Fitch Even is pleased to report that client, Cytomedix, Inc., has settled its patent infringement lawsuit with Perfusion Partners and Associates Inc. (PPAI), as well as a separate suit against SafeBlood Technologies, Inc. Both suits included claims for infringement of Cytomedix's "Knighton'' patent related to the use of autologous platelet releasate gels for the healing of tissue.

The lawsuits were each resolved through the entry of license agreements by which Cytomedix will receive royalties for use of the patented technology in platelet gel disposable kits and treating services sold by PPAI and SafeBlood. These latest agreements mark the successful completion of a series of patent infringement suits pursued by Fitch Even in several district courts to enforce Cytomedix's patent rights throughout the platelet gel therapy industry.

Fitch Even also recently completed negotiations on another transaction by which COBE Cardiovascular, Inc., a member of Sorin Group, purchased a worldwide license to the Knighton patent for various applications of the Cytomedix patented autologous platelet releasate healing technology. In a joint press release, both parties to the transaction agreed that this latest deal should help further expand the global marketplace for platelet-gel therapies for wound healing and a variety of other clinical applications.

Fitch Even attorney Tim Maloney served as Cytomedix's lead negotiator for these three deals.

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May 28, 2005

Fitch Even announced today 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.

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May 24, 2005

On May 24, 2005, IPLAC presented a noon time seminar on various types of IP protection for an audience of intellectual property paralegals and agents. Partner Steve Parmelee provided an introduction to various types of intellectual property law, including patents, trade secrets, trademarks and copyrights. Mr. Parmelee introduced the topics via an entertaining story about "The Perils of Paula" and her journey as an entrepreneur who wants to capitalize on her newly invented cookie recipe.

Basic points regarding these various intellectual property rights were brought forth as relevant to the facts of the unfolding story. For example, invention conception and reduction to practice concepts were discussed as these events occurred in the story. The tests of patentability and patent claiming also received considerable attention. Other related points, such as the so-called poor-man's patent and non-confidential disclosure forms as are used by many large companies were also discussed. In addition, this presentation noted both the potential for interaction of these rights and their potential overlapping application to more fully meet the business needs of a given client.

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April 30, 2005

Fitch Even is pleased to announce that Karl Fink, Tim Maloney and Phil Petti were named as Illinois Super Lawyers for Intellectual Property Litigation by Law & Politics Magazine. Only five percent of Illinois Lawyers can qualify as Super Lawyers. Candidates are selected by by fellow Illinois attorneys and recipients of the award are chosen by an independent panel based on several indicators of professional achievement.

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March 1, 2005

Bacus Laboratories, Inc. has received a favorable ruling from the United States District Court for the Northern District of Illinois in its lawsuit against Aperio Technologies, Inc. and Dakocytomation California Inc. for infringement of the company's patents on virtual microscopy.

On March 1, 2005, Judge Matthew Kennelly issued a claim construction ruling upholding the broad scope of the patents covering capturing, storing, transmitting and viewing of virtual microscope slide images. This decision is a significant milestone in Bacus' efforts to defend the company's patent rights as it expands in the marketplace for this burgeoning technology.

The Fitch Even litigation team representing Bacus includes Karl Fink, John Flannery, and Nick Peters.

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February 21, 2005

Fitch Even partner Tim Maloney has participated for several years in a groundbreaking international comparative study of patent enforcement regimes conducted by the Max Planck Institute in Munich. A Festschrift, a German tradition that has also made its way to international academia, was published under the title "Patent Enforcement in Selected Countries" as a special issue of IIC in October 2000 (31 IIC 625-770). The success of the original Festschrift in its original English version led to its translation into several other languages and international circulation.

The Max Planck Institution recently announced the completion of the second major phase of the study and the publication of "Patent Enforcement Worldwide." This book presents an expanded analysis of substantive and procedural patent enforcement issues in fifteen countries and implications of international law on this increasingly important topic. Mr. Maloney contributed an analysis of U.S. patent enforcement issues to this international collaboration. Copies of the book are available through Hart Publishing at www.hartpub.co.uk.

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January 10, 2005

Partner Joe Nabor will moderate a panel of experts on intellectual property at the Midwest Entrepreneurs' Forum to be hosted at IIT/Chicago-Kent College of Law on January 10, 2005. The presentation is sponsored by the Chicago Intellectual Property Alliance, of which Fitch Even is a founding member. The panel discussion will feature the practical aspects of Intellectual Property for companies in technology driven industries. For further information, contact either Fitch Even or the Midwest Entrepreneurs' Forum at 8 South Michigan, Chicago, Illinois, (312) 857-0301.

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January 1, 2005

Fitch Even is pleased to announce that Edward E. Clair and John E. Lyhus have become partners of the firm. Both attorneys are resident in the Fitch Even's Chicago office.

Mr. Clair focuses his practice on U.S. and foreign patent & trademark prosecution, intellectual property asset management, intellectual property licensing and technology transfers and intellectual property litigation. He earned an Electrical Engineering degree from Marquette University and is a Chicago-Kent Law School graduate. He began his career at Fitch Even as a law clerk while pursuing his law degree and became a full-time associate attorney of the firm in 1999.

Mr. Lyhus focuses on trademark litigation and other intellectual property litigation, trademark prosecution and brand protection. He also represents clients involved in domain name disputes, unfair competition and copyright matters. Before joining Fitch Even, he was General Manager of the Tokyo International Research Department of an international trademark research firm. He also served as General Manager of the Chicago office of Thomson & Thomson, where he worked with consumer product companies and law firms to address their trademark research and protection needs.

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