Cytomedix, Inc. Announces Contingency Agreement for Patent Representation and Enforcement July 30, 2003 3:18:00 PM ET LITTLE ROCK, Ark.--(BUSINESS WIRE)--July 30, 2003--Cytomedix, Inc. CYME today announced the execution of a contingency fee agreement with the law firm of Fitch, Even, Tabin & Flannery of Chicago. The agreement provides for Fitch Even to provide litigation and licensing legal representation to Cytomedix on a straight contingency basis regarding two patents in the Cytomedix patent portfolio that involve the activation of platelets for tissue and wound repair. The patents are utilized in connection with the sale of the company's AutoloGelSystem(TM) and further, are licensed to third parties who are developing products in various markets incorporating the use of platelet releasates. As provided in the fee agreement, Fitch Even will represent Cytomedix both in the sale and licensing to third parties of products and processes covered by the patents as well as in connection with any legal actions brought to enforce or defend the patents against infringement by device manufacturers, third party intermediaries, and end-users. Fitch Even will immediately assume the role of lead counsel in all pending and contemplated cases. Robert F. Coleman & Associates, which has been handling the Company's patent litigation to date, has also agreed to the contingency fee agreement as Fitch Even's co-counsel. Kent Smith, President and CEO of Cytomedix, Inc. said: "Today we announce another key component in the execution of the company's business plan. As with any biotechnology company, the creation and protection of a strong intellectual property portfolio is central to Cytomedix's success. We are very pleased that one of the country's oldest and most respected intellectual property law firms is willing to devote significant firm resources, including the billable time of its leading litigators, on a pure contingency basis. Fitch, Even has been supporting technology-related businesses in the development of their intellectual property strategies for over one-hundred forty years and we are pleased to partner with them. We believe this strategic relationship will both assist Cytomedix in protecting against infringing uses of Cytomedix's proprietary technology and position the company to capture significant licensing revenue associated with its patents that are being utilized in markets that are growing robustly." Mr. John F. Flannery, a name partner with the firm, said of the arrangement: "Fitch Even, Tabin & Flannery was founded in 1859, and has been litigating complex intellectual property disputes for a long time, though rarely on a contingency basis. We are pleased to have Cytomedix as a client, and look forward to defending Cytomedix's patent position against infringing uses and assisting the company in the execution of its intellectual property strategy." Fitch, Even, Tabin and Flannery was founded in 1859. Over the years, Fitch, Even lawyers have served with distinction as United States Attorneys for the Northern District of Illinois, and in leadership positions in the Chicago Bar Association, the American Bar Association, the Intellectual Property Law Association of Chicago, and the American Intellectual Property Law Association. Today, members of the firm continue to serve in posts of responsibility in local government and in public institutions, as well as in associations of the Bar. Most Fitch, Even attorneys have undergraduate or graduate degrees in the natural physical sciences, including the traditional engineering disciplines, and are versed in mechanical engineering, electronics, computer and internet technologies, chemistry and chemical engineering, physics, nuclear energy, biology, molecular biology and related fields. Many also have years of job-related experience in their technical fields. The combined knowledge of law, engineering and science gives the clients of Fitch, Even unparalleled legal representation in the field of intellectual property law. About Cytomedix Cytomedix, Inc., is a biotechnology company specializing in processes and products derived from autologous platelet releasates. The current product offering is AutoloGel, an autologous platelet gel composed of multiple growth factors and fibrin matrix, which is used to treat chronic wounds. Cytomedix is working with healthcare providers to offer an advanced therapy at the point of care in multiple settings. Forward-Looking Statements Statements contained in this press release not relating to historical facts are forward-looking statements that are intended to fall within the safe harbor rule for such statements under the Private Securities Litigation Reform Act of 1995. The information contained in these forward-looking statements is inherently uncertain, and Cytomedix's actual results may differ materially due to a number of factors, many of which are 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. Contact Information: Cytomedix, Little Rock Investor Relations: Marilynn Mathews, 501-219-2111 © 2003 BusinessWire