LITTLE ROCK, Ark., July 28, 2004 (PRIMEZONE) -- Cytomedix, Inc. (OTCBB:CYME) today announced it 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 patent infringement of its 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(tm) procedure, literally infringes Cytomedix's U.S. Patent No. 5,165,938 (the Knighton Patent). In finding infringement, Judge Zagel applied his earlier ruling regarding the scope of the Knighton Patent and rejected all of the defendants' attempts to argue that their use of the SafeBlood Graft(tm) procedure did not infringe. A copy of Judge Zagel's opinion can be found on the company's website at www.cytomedix.com.
This ruling follows Cytomedix's recent successful enforcement of the Knighton 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 defendant admitted that Cytomedix's Knighton 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 Knighton Patent.
"This ruling further establishes legal precedent confirming the company's position concerning the claims of the Knighton Patent and the application of platelet releasates for wound healing therapy. We believe that all unlicensed users of such platelet gel therapies are infringing the Knighton Patent and it is our strategy to pursue them until our shareholders receive the full economic benefits of the company's intellectual property," said Dr. Kshitij Mohan, chief executive officer of Cytomedix.
Cytomedix recently commenced the patient treatment phase of the clinical study for its AutoloGel(tm) System with the randomization of patients into the trials. "The FDA-approved prospective, randomized, double-blinded controlled study against the standard of care for the treatment of chronic diabetic foot ulcers is one of the first of its type for this technology. It will involve over a dozen premier sites throughout the United States and is planned for completion by the middle of 2005," Mohan added. The company expects to use the data from this study for obtaining favorable coverage and reimbursement decisions for use of this technology on Medicare patients and broaden the reimbursement by more private insurers and Medicaid payers at the state level.
About Cytomedix
Cytomedix, Inc. is a biotechnology company specializing in processes and products derived from autologous platelet releasates. The current product offering is the AutoloGel(tm) System, which produces an autologous platelet gel composed of multiple growth factors and fibrin matrix for treatment of chronic wounds. Cytomedix is working with healthcare providers to offer an advanced therapy at the point-of-care in multiple settings. Additional information is available at the company's website at www.cytomedix.com. Forward Looking Statements
Statements contained in this press release not relating to historical facts are forward-looking statements that are intended to fall with the safe harbor rule for such statements under the Private Securities Litigation Reform Act of 1995. The information contained in the forward-looking statements is inherently uncertain, and Cytomedix's actual results may differ materially due to a number of factors, many of which are beyond Cytomedix's ability to predict or control, including among others, governmental regulation, acceptance by the medical community and competition. These forward-looking statements are subject to known and unknown risks and uncertainties that could cause actual events to differ from the forward-looking statements. More information about some of these risks and uncertainties may be found in the reports filed with the Securities and Exchange Commission by Cytomedix, Inc.