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Court sides with Kasten but dismisses case due to improper venue

Kasten Inc. said a federal court in South Dakota ruled favorably in a case it filed, but dismissed it as it was improperly venued.

The case was filed by co-plaintiffs Kasten and OPD Holdings LLC against Howard Phillips and his companies in Oklahoma, and Christopher Otiko and his company Viaderma LLC in California.

Claims against the defendants included federal trademark infringement, trademark dilution, breach of contract and unfair competition.

U.S. District Court Judge Karen Schreier denied the defendants' motion to dismiss the case and found that the plaintiffs provided sufficient facts to support all of their claims.

However, the case was dismissed since the venue was the federal District of South Dakota and the actions in the claims occurred in Oklahoma and California.

Kasten and OPD may refile the claims in either state. Kasten said it is considering which claims to pursue and that it has no court-mandated timetable to take action.

Silver Springs, Nev.-based Kasten is focused on pharmaceuticals and devices designed to treat serious conditions arising in hospital and adjacent clinical settings.