Personeta Obtains Preliminary Injunction Protecting Trademark Rights

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

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

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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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, Philip 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 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.

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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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