U.S. District Court Rules Favorably for Kasten, Inc. on Basis of Legal Allegations Against Defendants Viaderma, Otiko and Phillips

SIOUX FALLS, S.D., Feb. 26, 2018 /PRNewswire/ -- In mid-2017, Kasten, Inc. (PINK: KAST) joined OPD Holdings, LLC, as a Co-Plaintiff in a South Dakota federal district court lawsuit against several people and entities throughout the United States involving numerous business and intellectual property claims. The claims were then amended more specifically toward Defendant Howard Phillips and his companies in Oklahoma, Christopher Ayo Otiko in California and his company Viaderma, LLC, (PINK: VDRM) also of California.

The Plaintiffs' claims against Defendants Phillips, Otiko and Viaderma included federal trademark infringement, trademark dilution, false designation of origin, breach of contract, unfair competition, tortious interference with a business relationship or expectancy, conversion, and civil conspiracy. On January 28, 2018, U.S. District Court Judge Karen E. Schreier issued a ruling in this case.

The U.S. District Court denied Otiko and ViaDerma's motion to dismiss for failure to state a claim. Rather, the Court found that Kasten and OPD had pleaded sufficient facts to support all of their claims against the defendants. The court also concluded that the state of South Dakota had jurisdiction over Otiko, ViaDerma, and the Phillips Defendants. 

However, the court held that because the actions underlying the federal Lanham Act claims had occurred in California and Oklahoma, the case was not properly venued in the federal District of South Dakota.  The complaint was dismissed without prejudice, leaving open the opportunity to re-file all of these claims in either federal or state courts in California or Oklahoma, as well as certain of the claims in a South Dakota state court. Kasten and OPD are considering which claims to pursue in these locations but are under no court-mandated timetable to take these actions.

In a statement, President of Kasten, Steven Keough, stated "We are quite pleased with the analysis of the U.S. District Court relating to the underlying bad acts of the Defendants. We will continue to enforce against such mis-conduct when necessary to protect our investors."

About Kasten, Inc./DAKOTA Life Sciences

Kasten, Inc. (d/b/a DAKOTA Life Sciences) is a biopharmaceutical company focused on the acquisition, development, and commercialization of pharmaceuticals designed to prevent and treat serious infections arising both in hospital and community settings. We are principally focused on delivering solutions to those people who are affected by antimicrobial resistance and who need superior pharmaceutical products at affordable prices.

Forward-Looking Statements - This press release may contain 'forward-looking statements' within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended and such forward-looking statements are made pursuant to the safe harbor provisions of the Private Securities Litigation Reform Act of 1995. Such statements are subject to risks and uncertainties that could cause future results to differ materially from the forward-looking statements. You should consider these factors in evaluating the statements herein, and not rely on such statements. The forward-looking statements in this release are made as of the date hereof and Kasten, Inc. dba DAKOTA Life Sciences undertakes no obligation to update such statements.

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SOURCE Kasten, Inc. dba DAKOTA Life Sciences