ViaDerma Inc (VDRM)

[PhenixBleu]

There is no argument--that is for the lawyers to do in the refiling of the Trademark Infringement and/or Breach of Contract claims.

I state information that anyone can source in the filings in OPD Holdings v Otiko et al. I referenced File 57 Attachment 4 as the file that contains the commitments made by the ViaDerma CEO to not compete, not use their proprietary information, return all information, etc. I referenced ViaDerma's website in 2014 in which they named OPD's Trademarked product as their "lead product." I referenced the ViaDerma filings beginning in 2014.

I shared a message from Keough to a former VDRM shareholder in which he states the swab wasn't an effective application method, and that they plan to use the tech moving forward (Site Specific Penetration Technology aka SSPT).

Keough's contract with Phillips is another Attachment in the court records. That should not be confused with the contract Otiko dissed when he started ViaDerma, advertised Viabecline revenue projections which could not be met under his non-exclusive 20k unit agreement with Phillips.

I reject Otiko's subjective interpretations of the contracts in question. It is the role of the Court to determine whether Otiko breached the contract.

I believe Kasten has a very strong case. That is not an argument. It is an opinion on my part based on my personal analysis of the case filings and ViaDerma Annual Reports since 2014. No one can change my opinion but me and that could not happen until the refiling of the litigation happens and Otiko has an opportunity to present the Court with justification for use of Kasten's (OPD Holdings/Keough) proprietary information.

Your argument is based on Keough's argument which was dismissed by the Federal court. Looks like another win for Otiko.

Dr. Otiko and Thru Pharma entered into an “Independent Contractor Agreement,” which engaged Dr. Otiko to act as a medical advisor for Thru Pharma. (Doc. 57-4, ). Under the Independent Contractor Agreement, Keough was obligated to pay Dr. Otkio a one-time fee of $50,000 and $10,000 monthly installments. Dr. Phillips signed this Agreement specifically as it relates to paragraph 2(c), which entitled Dr. Otiko to thirty-percent of the royalty the Phillips Companies earned.

Thru Pharma’s efforts to sell Diabecline were short-lived. The Diabecline product that Drs. Phillips and Otiko developed was administered by a simple dropper bottle. But Keough changed the application method to medication stored in individual packets that was then soaked in a cotton swab. (Id.). Because the medication was unstable in this form, it was shelved.

Keough therefore did not perform under his contract,
and Dr. Phillips voided it. Dr. Phillips instructed Dr. Otiko to find another buyer for Diabecline.

Dr. Otiko, not having received any payment from Keough, also terminated their contractual relationship.