Hey freestock, it's a civil matter that is contested in federal court. You only have civil matters and criminal matters when it comes to court - but you have state courts and federal courts as to the venues and rules by which matters play out.
Patent Infringement is a federal case, but civil matter. Well, unless Keough can prove ViaDerma's CEO Dr. Otiko "willfully" infringed upon his patent - THEN it becomes a criminal matter in which Otiko could face jail time along with paying damages.
For those thinking that labeling something a "nuisance" can wipe it away, federal court is WAY different than state court. The same rules don't apply. Copyright and Patents protect the "date of creation." So one just needs to argue who came up with it first and who owns it based on chain of title. But just because it was officially abandoned doesn't mean that it's "up for grabs."
Here is what ViaDerma and it's shareholders are up against: If Keough proves he owns the abandoned patents - he will have IP that was "first filed." If ViaDerma and it's CEO Dr. Otiko have made a dime, the money will be awarded to Keough, along with damages and reasonable attorney's fees. And if they can prove Dr. Otiko signed a contract acknowledging the patent belonged to Keough or Phillips and that he had access to the IP, but that he was never to use the "trade secrets" of said IP, then Dr. Otiko will be found guilty of WILLFUL patent infringement.
BUT here's the real kicker: federal court is EXPENSIVE! And usually the first person to run out of money, loses. If Keough has more money that Otiko, it's a foregone conclusion. If Otiko has more money that Keough, again foregone conclusion (ruling out summary judgement of course;) Summary judgement is when the facts of the case are so overwhelming that a judge can render a verdict with the need for going to trial.
Either way, thanks freestock for remaining impartial on a board chock full of questionable intent. ViaDerma and it's CEO Otiko need to release statements that focus on reassuring shareholders of why they'll win - they purchased the necessary patents, created IP based on original technology or just plain old have WAY MORE MONEY THAN KEOUGH to fight this.
