Liquid Dynamics Corporation Wins Patent Infringement Trial

Auto Meter Products, Inc., Receives Principal Registration Of Its "Super Bezel" Trademark And Product Design

Cytomedix Receives Favorable Patent Infringement Ruling

Rain Bird Corporation Obtains Preliminary Injunction Protecting Trademark Rights

Auto Meter Obtains Consent Orders In ITC Investigation Of Automotive Measuring Devices

Default Orders Entered In Auto Meter's ITC Investigation Of Automotive Measuring Devices

Rain Bird Corporation Successfully Opposes Preliminary Injunction Motion

Cytomedix Obtains Favorable Markman Claim Interpretation Ruling

iWork Software Wins Federal Circuit Appeal

November 12, 2004

Fitch Even is pleased to announce another successful result in a patent infringement trial. Liquid Dynamics Corporation won its trial against Vaughan Company, Inc. in the United States District Court for the Northern District of Illinois. On October 25, 2004, the jury delivered its verdict finding that Vaughan willfully infringed Liquid Dynamics' United States Patent No. 5,458,414 ("the '414 patent") and reaffirming the validity of the '414 patent. On November 12, 2004, the District Court conducted a bench trial on Vaughan's claim that the '414 patent was unenforceable due to inequitable conduct and denied that claim on the same day.

This lawsuit was originally filed in September of 2001. In July of 2002, the District Court granted Vaughan summary judgment on the issue of infringement. Liquid Dynamics, however, successfully appealed that judgment. The United States Court of Appeals for the Federal Circuit reversed the judgment because the District Court erred in interpreting certain claim language and there was sufficient evidence from which a reasonable jury could conclude that Vaughan's systems infringe the '414 patent. Liquid Dynamics Corporation v. Vaughan Company, Inc., 355 F.3d 1361 (Fed. Cir. 2004). As a result, the lawsuit was remanded to the District Court for trial.

The '414 patent is directed to storing and mixing system technology commonly employed in wastewater treatment facilities. The technology of the '414 patent has achieved industry award winning status and great commercial success.

The Liquid Dynamics litigation team at Fitch Even includes Steven Schroer, Mark Hetzler and Jon Birmingham.

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September 14, 2004

On September 14, 2004, the U.S. Patent and Trademark Office issued Principal Registration No. 2,883,435 for Auto Meter's Super Bezel trademark and product design. The Super Bezel is one of Auto Meter's most recognizable trademarks, and its Registration was the subject of a lengthy trademark opposition trial in the Trademark Office. Auto Meter is also protecting the Super Bezel in the International Trade Commission investigation In re Certain Automotive Measuring Devices, Products Containing Same, and Bezels for Such Devices, No. 337-TA-494. Partner Phil Petti represents Auto Meter Products in the Patent And Trademark Office, and is co-counsel in the International Trade Commission investigation.

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July 28, 2004

Cytomedix, Inc. has received a favorable ruling from the United States District Court in a lawsuit it brought against Little Rock Foot Clinic and other named defendants for infringement of its patented platelet-derived therapies for treating wounds and other damaged tissue.

On July 26, 2004, Judge James B. Zagel of the Northern District of Illinois entered a summary judgment ruling of patent infringement, finding the defendants' use of a process supplied by SafeBlood Technologies, Inc., known as the SafeBlood Graft™ procedure, literally infringes Cytomedix's U.S. Patent No. 5,165,938.

This ruling follows Cytomedix's recent successful enforcement of the '938 patent against other infringers. On June 8, 2004, the United States District Court for the Northern District of Illinois entered a consent judgment against 21st Century Wound Care and Advanced Therapy, L.L.C., and its owner, James Gandy. In that consent judgment, the defendants admitted that the '938 patent is valid and enforceable and that they infringed the patent. The Court entered an injunction enjoining the defendants from making, using, offering to sell, or selling any processes or products that infringe the claims of the patent.

The Cytomedix litigation team at Fitch Even includes John Flannery, Tim Maloney, Karl Fink and Rudy Kratz.

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June 21, 2004

On June 21, 2004, the United States District Court for the Central District of California entered a preliminary injunction on behalf of Fitch Even client Rain Bird Corporation in the case captioned Rain Bird Corp. v. Hit Products Corp., Civil Action No. 02-09422 RMT (Mcx). The injunction prohibits the sale of sprinklers that infringe the trade dress of Rain Bird Corporation's 800 series pop-up sprinklers and the registered trademark RAIN BIRD®.

Rain Bird is represented by John Bauersfeld and Steve Schroer.

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June 18, 2004

The International Trade Commission has agreed to enter consent orders pursuant to settlement agreements between Auto Meter and four of the respondents in the International Trade Commission investigation In re Certain Automotive Measuring Devices, Products Containing Same, and Bezels for Such Devices, No. 337-TA-494. Auto Meter instituted the action against 18 parties to stop the importation of tachometers and gauges that Auto Meter contends infringe its Super Bezel trademark, Registration No. 1,903,908, and the trade dress of Auto Meter's Monster Tachometer. The settling parties agreed to stop importing the products at issue, and one also agreed to a license from Auto Meter.

Auto Meter is represented by Phil Petti with co-counsel Merritt Blakeslee of DeKeiffer & Horgan.

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June 8, 2004

On June 7 and June 9, 2004 default orders were entered against infringers Modern Work, Inc. of Taiwan and Dynamik Exhaust Industry Co., Ltd. and LPL Transtrade Co. of Taiwan in the International Trade Commission investigation: In re Certain Automotive Measuring Devices, Products Containing Same, and Bezels For Such Devices, No. 337-TA-494. Two other default motions were previously granted against Auto Gauge Co. Ltd. and Tenzo R. Auto Meter Products initiated the ITC case against 18 parties to stop the importation of tachometers and gauges that infringe Auto Meter's Super Bezel trademark, Registration No. 1,903,908, the trade dress of Auto Meter's Monster Tachometer and other registered trademarks.

Auto Meter is represented by Phil Petti with co-counsel Merritt Blakeslee of DeKeiffer & Horgan.

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May 27, 2004

On May 27, 2004, the United States District Court for the District of Minnesota denied a motion for preliminary injunction in a patent infringement suit brought by the Toro Company against Rain Bird Corporation. The case involves wireless rain sensors used in automated watering systems.

Rain Bird is represented by John Bauersfeld and Steve Schroer.

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March 26, 2004

Fitch Even client, Cytomedix, Inc., has received a favorable ruling from U.S. District Court Judge James B. Zagel of the Northern District of Illinois regarding the scope of the claims of U.S. Patent No. 5,165,938. The patent relates to the use of platelet-derived therapies for treating wounds and other damaged tissue. Judge Zagel's ruling represents a significant milestone for Cytomedix in its ongoing efforts to enforce the patent in the company's core chronic wound care market, as well as within a number of other markets where platelet gel therapies are currently utilized to enhance the quality of healing.

Fitch Even's litigation team for Cytomedix includes John Flannery, Tim Maloney, Karl Fink and Rudy Kratz.

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January 12, 2004

The United States Court of Appeals for the Federal Circuit today entered judgment on behalf of iWork Software LLC affirming a district court decision to dismiss a declaratory judgment lawsuit brought against iWork by webMethods, Inc. The webMethods suit was filed in the United States District Court for the Eastern District of Virginia in response to a patent infringement action commenced by iWork in the Northern District of Illinois against certain users of application integration tools. Fitch Even's litigation team obtained an order transferring the Virginia case to the Northern District of Illinois, and then persuaded that court to dismiss the case on jurisdictional grounds.

Tim Maloney argued for iWork in the District Court defending the District Court ruling on appeal.

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