Cytori Therapeutics comments on patent appeal

Cytori Therapeutics has been informed that the United States Federal Court in the Central District of California upheld a June 2008 decision relating to U.S. patent number 6,777,231 (the '231 patent).

The Court's decision has no impact on Cytori's products or clinical applications under development.

Cytori's products do not practice the '231 patent. Cytori's Celution System yields an output comprising a diverse mixture of cells found in adipose tissue whereas the '231 patent covers a narrowly defined population of adipose derived adult stem cells in an environment substantially free of other cellular materials found in adipose tissue. The narrowly defined population of cells that are covered by the '231 patent require different isolation or processing techniques, which the Celution System, by design, does not perform.

In June 2008, Cytori was granted its first foundational U.S. patent for processing a heterogeneous or mixed population of adult stem and regenerative cells from adipose tissue. Cytori's global portfolio now includes five issued U.S. patents, three allowed U.S. patents, 11 issued international patents and numerous pending patent applications that build on the Company's core technology. All patents and pending patent applications within the Company's global portfolio pertaining to the Celution System, including therapeutic uses for the mixed populations of adipose derived stem and regenerative cells that the Celution System produces, are owned by Cytori and are unaffected by this decision.

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