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I did jump in and sold out as soon as I saw all the red flags. I was willing to stick around for more substantial information. It just never surfaced. To the contrary, more red flags appeared, and then the lawsuit.
I'm always happy to help source and share honest DD for better or worse. I wasted too much time on this ticker, though, and need to focus my energy on companies I can believe in.
The legal docs are responses to the Stickie so please leave it there until this lawsuit runs its course. I will be following the Docket closely.
Thanks for all the help!
I won't be using that tidbit in my big picture analysis of this stock.
Otiko lied in that response. The Complaint doesn't reference a first generation transdermal delivery system. Otiko inserted those words to justify his decision to use the IP and Trade secrets acquired while working for Keough. He told a shareholder he has the data. That information was presented here. How's that for an admission of guilt?
Research patent flooding. This is a core accusation from Keough. He is a subject matter expert on patent law.
Otiko also inserted the words "initially license." That is also misleading. The contract between Keough and Phillips is a lawsuit Exhibit and available on Pacer. It is an active Master Agreement.
Otiko needs to elaborate on the claim Keough breached a contract. He can't throw assumptions out to the public without presenting a factual basis. Did he really create a company and product line using an assumption he can infringe on IP owned by Keough? Sure looks that way!
We know Otiko claimed the Patent expired and that was a false statement. All he had to do was look at the USPTO transaction history.
One of these days Otiko will have to remove his dancing shoes.
Google Keough v. Otiko et al.
Otiko has no money to defend himself. His financier is a named Defendant. His Going Concern statements note debt and the need to rely on shareholders to fund 2017.
Read the last two financials posted in April including exhibits. Otiko lied and misled shareholders.
The SEC and FDA are watching.
Thanks Elcappy1! I always research companies before putting too much money into them. The best DD is honest DD, good and bad.
CGRA is a solid company that's fun to follow. This should be a great year.
KEOUGH V. OTIKO ET AL - READ BELOW
Complaint, Jurisdiction, Statement of Claim, Irreparable Injury, Relief
http://investorshub.advfn.com/boards/read_msg.aspx?message_id=130656929
Case Summary and Detailed Discussion
http://investorshub.advfn.com/boards/read_msg.aspx?message_id=130651594
Breach of Contracts and Unauthorized Disclosure and Use of Trade Secrets
http://investorshub.advfn.com/boards/read_msg.aspx?message_id=130654231
Steven J. Keough Bio is below. Today he is President and CEO of Kasten BioPharma OTC:PK KAST. Kasten merged with Keough's business Dakota Life Sciences in March 2017. They are bringing competitive, and likely superior, products to market from their new fulfillment center in Bridgeport, CT.
http://dakotalifesci.com
VATE will always be a better investment than WDRP for reasons beyond their first product.
Under the Contracts Otiko signed, he is required to assign Keough rights to Viabecline and every other product Otiko formulated using the Transdermal IP.
Expect a trade halt.
Wrong. Frankly, I don't care about this crap stock. I did my research, shared what I learned, and now I'm moving on.
I expect the SEC to halt it.
Keough is an expert on Patent Law. He is accusing Otiko of Patent Flooding. Read the Complaint.
Otiko lied to shareholders.
Nope! For the 3rd and final time, read the Complaint in full. Then read all of the filings, and fluff news releases.
I spent time researching this company in February during the big pump. I couldn't substantiate the grandiose claims. I learned a lot and shared what I discovered in the iBox. There are links to review.
In May 2016, Otiko announced a New Deal! He didn't inform readers the deal was with himself. Otiko's other venture(s) owe ViaDerma 300k in receivables. ViaDerma pays Otiko's Coast to Coast Podiatry Clinic rent. They operate out of the same small space.
In January 2017, Otiko announced a new pharma distributor. This business was formed December 2016 by Garrett Adams who has no pharma experience. Garrett is Otiko's friend. He was nailed for multi-million dollar tax fraud in 2010. Otiko hired him to run his Neurogenix Clinic last September. Otiko and Adams co-own the BIOGENX Trademark. Otiko did not disclose his ownership interests in BIOGENX when he announced it earlier this year.
This company is run solely by Otiko. His hands are in related businesses. In the past, he disclosed his brother as a Director and failed to disclose his wife as a Director. They are no longer listed as Directors.
This is a one-man show.
IP is acquired from inventors in the real business world. In this situation, a highly skilled expert in patent law acquired the IP and built numerous products around it. He worked with a medical advisory team that includes David G. Armstrong, the Co-Chair of the DFCon conference at which Otiko presented a poster describing Viabecline aka Diabecline held March 23-25. OOPS! Guess when Keough learned that Otiko was hawking his IP using the name Viabecline and giving out samples? The Complaint stated he learned about it March 23.
Keough is also accusing Otiko of patent flooding. He won't get away with it.
It's like you buying your home and the builder telling you to get out because he built it, even thought you paid a lender 300k for your home.
https://en.wikipedia.org/wiki/David_G._Armstrong
A "fraudster named Calvin Ross" does not apply to this ticker or the announced strategic deal between the VATE and GRCU CEOs.
The team at GRCU is named in the link below.
http://www.originalhollywoodhemp.com/about-us-1.html
The CEO of VATE is top notch. Any time you see a 68-page Annual Report with the Business Plan and revenue projections for three years forward, you can be assured you're in good hands.
Accumulate. Low Float. Great hemp coffee products that will do very well in the Hollywood Hills of CA will bring revenue to both partners.
I don't see any simplicity in the 30-page Complaint and the 41 Listed Exhibits. I see fraud, theft, manipulation on the part of Otiko. I'm not certain how I feel about Phillips yet. He has to know Otiko is a liar because of the Addendum to their License Agreement that he required Otiko to sign in January 2017.
Looking forward to reading the Answers from Otiko and Phillips.
Considering the announced upload of the audit of CGrowth Capital Bond Ltd. the middle of next week, I think we may see a summary news release explaining the role of this new office.
Maybe not! LOL...This could be the name of the rock quarry company with whom they have an active dispute.
On a positive note, I noticed CDEL didn't serve Bid Whacks for Breakfast yesterday. That is quite unusual.
Looks like that's the beginning of the exciting news we're receiving this spring.
I was digging around to see if I could find the names of future tenants in Chewelah.
Remember Bee Baked? They are now fully licensed with the Secretary of State in Chewelah and good to go. Kitchen must be ready!
They may be under contract with Wildfire.
Keough confirmed Otiko had no inventive role in the transdermal tech prior to his purchase of all rights to the tech.
Separate the transdermal delivery system from the brand names that are based on that delivery system, i.e., Diabecline or Viabecline.
We have learned from the Keough Complaint that:
1. Howard Phillips sold his rights to the delivery system patent to Keough for 300k, in full.
2. Otiko gained access to this technology and other trade secrets while working for Keough.
3. Otiko signed non-disclosure and non-compete agreements. Read link below for details.
In the iBox, there is a table of changes to the ViaDerma website. These are archived images from the web tool known as Wayback Machine. They do not correlate to dates the site was changed. The dates are the date the screens were captured.
Who gave Otiko authority to advertise the technology and product brands (owned by Keough) on the ViaDerma website since the company was formed in 2014?
If Otiko signed an Addendum to his Non-Exclusive Patent License Agreement with Phillips in January 2017, that acknowledged he would not misrepresent the terms of the agreement with Phillips, why did the ViaDerma website show their Lead Product as Diabecline in February 2017?
DIABECLINE IS TRADEMARKED TO KEOUGH.
Why is Otiko now referring to the delivery technology as Gen1 and Gen2? He has no right to the "Gen1" technology aka the Phillips/Keough patent-pending invention. He also has no right to use the trade secrets, IP, confidential documents he obtained while under contract with Keough, and cannot use this information to formulate competitive products.
Read the info in this link.
http://investorshub.advfn.com/boards/read_msg.aspx?message_id=130654231
Otiko worked on the formulation for Diabecline while working for Keough. Keough owns the Trademark for Diabecline.
Diabecline and Viabecline are essentially the same product, and based on the IP Keough owns. Viabecline has the same ingredients as Diabecline with two exceptions: Acedic Acid and Histidine
Read Item 15., in full, in the section of the lawsuit linked below. I recommend reading all sections linked at top of iBox.
http://investorshub.advfn.com/boards/read_msg.aspx?message_id=130654231
There are no dynamic links in the message you responded to. The images are screen shots from the Complaint.
Maybe you thought the blue text was a hyperlink?
The Complaint is linked at top of iBox.
The downside is that Otiko can only manufacture 20k units of Viabecline under his NON-EXCLUSIVE license agreement with Howard Phillips. That fluff news release announcing 500k units is another lie to shareholders.
Phillips received a license from Keough for this same amount.
That's it. 20K units forever.
The shareholder communication with Keough and Phillips is linked below and available in the iBox.
http://investorshub.advfn.com/boards/read_msg.aspx?message_id=129232062
Keough holds the Master Agreement. Read the Complaint and Contractual Exhibits to Complaint.
Contracts are facts and available for download from the Docket which is linked for your convenience at the top of the iBox.
Read the filings. Otiko lied to shareholders.
I think there may be a misunderstanding. Look at the product line Keough has built on this IP. Dakota Life Sciences is where anyone can go to purchase products for diabetic foot wounds. They don't have to stop selling because they filed a lawsuit to prevent Otiko from infringing on their IP.
www.dakotalifesci.com
Open the PDF file to see the images. They sure do look like the stuff Otiko was trying to bring to market.
While that PDF is open, look at their medical advisory board.
Opinions are not lies. I agree the FDA is not in the dispute. However, there is a liability issue that is staring them in the face.
Otiko can probably sell 10K units of Viabecline under his NON-EXCLUSIVE LICENSE AGREEMENT with Phillips, who has a small lot license from Keough for this product. Both Phillips and Keough agreed on this fact. That email exchange is linked in the iBox.
Otiko has no money. There is no grounds for a Motion to Dismiss or even a counter suit. Otiko stated he was considering one. Well, considering IS free.
His filings can't be believed.
Ummm...did you know that Keough joined Kasten last month? There is no history with Kasten that links their share price to him. That theory doesn't hold water.
I don't see ulterior motives. Keough is running a business that holds the rights to the IP that Otiko wants to own. What business would hand their IP over to a competing business?
It's up to Otiko to disprove the claims. Not us. All Otiko can submit are his financial reports that prove he lied to shareholders, and the agreements he signed with Phillips that are Exhibits to his financials.
The FDA will not approve any Otiko submission while this lawsuit is in process. They have received the facts laid out in the Complaint.
100% incorrect. The facts advanced in the Complaint clearly show that Otiko stole IP from Keough, and has NO right to build upon it. If he does, then he must assign rights to those products to Keough.
Now he has to submit an Answer to the Court proving the above statements are not facts.
It's very important that everyone read the screen shots from the Complaint. I was willing to pay $5.50 to download it from Pacer. This is what real DD looks like. It is NOT opinion.
No one should minimize the seriousness of these allegations. This company can get halted. The SEC is aware of this situation.
Keough purchased full rights to the technology many years ago. That's why this lawsuit is a contracts case.
He has been building an IP product line since he bought the tech from Phillips. You can see his work on the Dakota Life Sciences website. The tech is trademarked as Site Specific Penetration Technologyâ„¢
http://dakotalifesci.com
Also note his Medical Advisory Board in the PDF file linked below.
https://dakotalifesci.com/dakota-life-sciences.pdf
Dr. David Armstrong, DPM, PhD has been advising Keough's business(es) for years. He was a Co-Chair of the recent Conference at which Otiko presented a poster.
http://medicine.arizona.edu/person/david-g-armstrong-dpm-md-phd
The patent info is linked below. Keough summarizes the tech in his Complaint, too. Links to screen shots from Complaint are below.
Keough hired Otiko. Otiko had access to trade secrets and left his employment with them.
The lawsuit will need to progress into Discovery for anyone to get to the truth behind Otiko's actions.
US 2012-0070390 A1 - TOPICAL DRUG DELIVERY SYSTEM WITH DUAL CARRIERS
https://www.google.com/patents/US20120070390
Case Summary
http://investorshub.advfn.com/boards/read_msg.aspx?message_id=130651594
Complaint Cover, Jurisdiction, Statement of Claim, Irreparable Injury, Relief
http://investorshub.advfn.com/boards/read_msg.aspx?message_id=130656929
Breach of Contracts and Unauthorized Disclosure and Use of Trade Secrets
http://investorshub.advfn.com/boards/read_msg.aspx?message_id=130654231
Contrary to Otiko's stated belief in the Annual Report, he did sign a Contract when working with Keough that requires him to assign rights for any creations he bases on the transdermal tech, (regardless of Gen1, Gen2 definitions) to Keough. That info is available in the Complaint linked at top of iBox.
Otiko needs a legal defense fund if he wants to prove his points. That means shareholders need to buy his stock. His prior source of funding, Greentree, is named in the lawsuit.
As for the patent expiration, Otiko doesn't know Patent Law. Keough does, and can run circles around him until Otiko gets dizzy and falls down.
KAST is current and has updated their OTC Profile page. Keough is now listed as President and Chief Operating Officer. They have never been halted.
Their address is the same address Keough used in his Complaint.
This is a good sign for anyone interested in product potential using the patent-pending transdermal technology. Only 62.5M shares outstanding today. Float is not updated but is very small.
http://www.otcmarkets.com/stock/KAST/profile
http://www.kastenbiopharma.com
The following excerpt is from Dakota Life Sciences website which has been linked in Kasten's website since the merge.
The filings are available to everyone on their OTC market page.
Joston Theney, the real owner of the horror flicks is the source of that info.
http://investorshub.advfn.com/boards/read_msg.aspx?message_id=130609864
There doesn't appear to be a single fact in Otiko's favor. It doesn't help that he was charged and acquitted for prescription drug fraud, that his ex-wife pleaded guilty and testified against him. The submission of a falsified copyright document to the Feds, for a horror flick he never owned, won't help. His many misleading statements in financials won't help. His lack of Disclosure of personal interests in his "pharma" distributors won't help, especially when the major one was recently formed by his friend, tax-fraud Garrett Adams.
There is nothing to settle. Otiko has no rights to design and market products using the transdermal tech beyond the 20k lot of Viabecline aka Diabecline that Keough licensed to Phillips.
Otiko never returned materials he accessed while working for Keough. Read the Complaint. It's ugly.
There is no Final Action on the Patent-Pending Application for the Transdermal Tech. An Information Disclosure Statement was submitted November 2016. See my stickie for more info.
The lawsuit is for breach of contract on the part of Phillips regarding the Master Agreement for FULL RIGHTS to the tech that Keough purchased for 300K, and for the Breach of Contract by Otiko when he worked for Keough.
Read the Complaint. I bought it and placed three posts with screen captures from the key areas at the top of the iBox for ease of access and so newcomers can be well informed. I will also purchase and add Otiko's Answer (Response) beneath those links.
Keough is asking for a preliminary injunction aka Restraining Order to stop vdrm from moving forward with their plans.
The Complaint was filed March 30 and sealed until April 11.
Keough has informed OTC Markets, the SEC, and FDA of underlying facts.
Keough v. Otiko et al - Complaint Cover, Jurisdiction, Statement of Claim, Irreparable Injury, Relief