Business Wire

MEDISCA-PHARMACEUTIQUE

22.11.2021 07:02:14 CET | Business Wire | Press release

Share
Germany’s Thuringian Court of Appeal issues Final Judgment on September 17, 2021 in favor of Samix/Medisca’s successful defense of its proprietary design and knowhow of its compounding systems against Gako

In March 2019, Medisca Pharmaceutique Inc. acquired Samix GmbH, a German manufacturer of compounding systems for use in pharmacies. Following such acquisition, Medisca supported Samix in its several legal disputes with Samix’ main competitor, the GAKO group comprised of inter alia GAKO Konietzko GmbH and GAKO International GmbH (collectively, “old Gako”), which have since become insolvent. In course of the insolvency proceedings, old GAKO’s business was acquired by Fagron February 2020, and is now continued by Fagron’s newly established subsidiary, GAKO Deutschland GmbH.

The core of the legal disputes concerned the ownership of IP and knowhow pertaining to the compounding systems and their design. Old GAKO asserted that it allegedly owned all knowhow and IP, while Samix (as successor to SMS Elap GmbH &Co KG) has always taken the position that all the knowhow and IP belonged to SMS even though they developed and manufactured the UNGUATOR compounding systems for old GAKO.

In May 2016, old GAKO instigated preliminary injunction proceedings against Samix claiming that, by continuing SMS’ business, Samix unfairly exploited knowhow belonging to GAKO and unfairly imitated the (old) design of the UNGUATOR mixing machines and jars. The alleged trade secret misappropriation was rejected at first instance (Landgericht Meiningen [HK O 19/16]) and also upon appeal (Thüringer Oberlandesgericht [2 U 532/16]), validating Samix’s position that old GAKO did not own the knowhow pertaining to the compounding systems. Only regarding the mixing machines, the Court of Appeal found an allegedly unfair imitation of the (old) design of the UNGUATOR mixing machines.

Despite the lawsuits in which Samix was involved beginning in 2016, Medisca acquired the German-based manufacturer in order to secure supply chain of a product line that has become even more critical to compounding pharmacies worldwide,” said Panagiota Danopoulos, SVP Global Strategy & Innovation at Medisca. “We were confident that Samix and its employees were instrumental to the development of the electronic mortar and pestle for our customers globally . Aligned with Medisca’s strategic priority to build and defend our IP portfolio of key innovations and product investments, Medisca invested in Samix, and supported its business and legal position in such lawsuits”.

In March 2021, after old GAKO's insolvency, Samix successfully obtained a revocation of old GAKO’s preliminary injunction which was lifted by default judgment (Landgericht Meiningen [HK O 55/20]), thereby eliminating all restrictions with respect to distribution within Germany.

Old GAKO had also filed corresponding main action proceedings in October 2016 which were also based on the allegedly unfair product imitation and trade secret misappropriation. While old GAKO’s action was again partially granted in first instance regarding the allegedly unfair product imitation regarding the mixing machines and the mixing blades, the action was dismissed in view of all other accessories and, most notably, also with regard to the alleged trade secret misappropriation (Landgericht Meiningen [HK O 53/16]). Both, Samix and old GAKO, appealed the decision. Following a suspension due to old GAKO’s insolvency, the proceedings were resumed upon Samix’ request.

On September 9, 2021, the Court of Appeal granted Samix’ appeal while rejecting GAKO’s appeal by default judgment (Thüringer Oberlandesgericht [1 U 187/19]). The default judgment is final and binding and, consequently, GAKO’s claims were entirely rejected.

Samix considers such outcome of the main action proceedings as further validation by German courts that the knowhow created and developed by SMS was never acquired by old GAKO and that Samix always owned such knowhow.

“I am delighted to see that, after long and legally baseless lawsuits, the German courts have acknowledged that old Gako was never the rightful owner of Samix’s intellectual property and know-how!” continued Panagiota Danopoulos. “This is a pivotal moment for both Medisca and Samix as we reinforce our market position as industry leaders. Medisca will always take the necessary steps to protect its companies’ IP assets and rights ; and we will continue to support Samix as it continues to innovate and engineer for our clients globally, while also protecting its business and market position in Europe, North America and Australia.”

On April 22, 2021, in order to further protect all the investment made in developing its unique and proprietary knowhow and part of which knowhow was being used in the recent UNGUATOR devices sold by GAKO, Samix initiated court proceedings for trade secret misappropriation against old GAKO’s trustee which sold the insolvent old GAKO’s assets, the acquiring entity – GAKO Deutschland GmbH – and its managing directors, and the parent company, Fagron B.V. which Samix deems responsible for the acquisition.

About MEDISCA®

Medisca is the leader in providing turnkey solutions to the pharmaceutical compounding industry and allied health care professionals worldwide. Committed to being a complete resource for prescribers, pharmacists, and pharmacy technicians engaged in personalized medicine, Medisca offers high quality products, industry-leading support, and first-class education through its partner LP3 Network. Founded in 1989, the company has locations in Canada, the United States and Australia, optimizing its service to the international market. For more information about Medisca, please visit www.medisca.com and follow us on Twitter at @medisca.

About SAMIX®

Samix is a leading manufacturer of Electronic Mortar & Pestle Mixers and Accessories for pharmaceutical compounding, cosmetic and scientific applications. Samix has been in business for over 10 years with Head Office & ISO 9001 Manufacturing plant located in Germany. As an innovation company, Samix is constantly pursuing new ideas to make their products more durable, more efficient, and more sustainable.

Link:

ClickThru

Social Media:

https://www.facebook.com/medisca.inc

About Business Wire

Business Wire
Business Wire
101 California Street, 20th Floor
CA 94111 San Francisco

http://businesswire.com

Subscribe to releases from Business Wire

Subscribe to all the latest releases from Business Wire by registering your e-mail address below. You can unsubscribe at any time.

Latest releases from Business Wire

Bending Spoons completes the acquisition of Airtable4.9.2026 14:30:00 CEST | Press release

Bending Spoons S.p.A. (NASDAQ: BSP) has completed the previously announced acquisition of Airtable, the platform used by more than 500,000 organizations to reshape how teams organize data and manage critical workflows. “Airtable continues to grow because customers value its best-in-class flexibility,” said Luca Ferrari, Bending Spoons CEO and co-founder. “Teams can bring all their data, context, and AI agents together in one place, shape their workflows around their specific needs, and progressively expand their use of the platform over time. As we take the reins, our focus will be on sustaining that growth by investing heavily in Airtable’s product, customer support, and go-to-market capabilities.” “I’m proud of what the Airtable team has built and excited to see the business enter this next chapter,” said Howie Liu, co-founder of Airtable. “I’m confident Bending Spoons has the resources and long-term perspective to help Airtable continue delivering exceptional value to its customers

EQT to acquire McGill and Partners, a leading specialty (re)insurance broker for USD 2.0 billion, from Warburg Pincus4.9.2026 13:48:00 CEST | Press release

Warburg Pincus and McGill and Partners have reached an agreement with EQT that will see Warburg Pincus sell its majority stake to EQT McGill and Partners founders, management team and colleagues will re-invest alongside EQT, retaining a meaningful ownership stake in the firm going forward as they continue to serve clients globally Maintains commitment to firm’s independent model and culture of ownership, developed organically since its founding in 2019 EQT will partner with Steve McGill and the management team to accelerate organic growth, including via talent recruitment, further development of technology and data capabilities, and expansion of innovative digital solutions EQT and McGill and Partners are pleased to announce that EQT X ("EQT") has entered into a definitive agreement to acquire a majority stake in McGill and Partners from Warburg Pincus for USD 2.0bn. Founder and Chief Executive Officer Steve McGill will continue to lead the firm, while Chairman John Lloyd will remain a

A Race Is Never Won Alone: With La Tavolata, Barilla Brings the Paddock Family Together on the Monza Grid4.9.2026 12:18:00 CEST | Press release

A nearly 100-meter-long dinner table hosted more than 200 guests for an evening celebrating collaboration, trust and the bonds built beyond competition. On Thursday evening ahead of the Formula 1® Italian Grand Prix, Barilla transformed one of the sport’s fastest and most competitive environments into a place where the Paddock Family took center stage. This press release features multimedia. View the full release here: https://www.businesswire.com/news/home/20260902463001/en/ La Tavolata by Barilla on the starting grid of the Monza circuit. More than two hundred people gathered around a single table: drivers, Team Principals, mechanics, engineers, strategists, safety and medical car drivers, personal trainers, tire technicians. The individuals whose collaboration, precision and trust shape every race, every decision and every performance. A nearly 100-meter table set with plates and pasta. With the first-ever Tavolata organized by Barilla and F1, people from across the Formula 1® ecosy

Aqara Showcases The New Smart Lighting Series and Immersive Smart Home Experience at IFA 20264.9.2026 11:30:00 CEST | Press release

Aqara, a global leader in IoT, today announced a new lineup of smart lighting products and a global community platform for smart space creators, at IFA 2026 in Berlin. The announcements reflect Aqara's ongoing vision for AI-driven spatial intelligence — spaces that understand their users and adapt to how people actually live in them. This press release features multimedia. View the full release here: https://www.businesswire.com/news/home/20260904365343/en/ Aqara Showcases The New Smart Lighting Series and Immersive Smart Home Experience at IFA 2026 The new lighting series — spanning indoor and outdoor use — integrates seamlessly with Aqara's existing ecosystem of sensors, switches, and hubs, bringing complete whole-space lighting scenarios and automated controls to life. The new Aqara products showcased include the Floor Lamp T1, LED Downlight T2, LED Strip T2, Outdoor String Lights H1, and Permanent Outdoor Lights H1. In addition, the company will present Aqara Builder, a platform fo

Hyper Brings its Latest Range of Power, Connectivity and MacBook Accessories to IFA 20264.9.2026 07:00:00 CEST | Press release

The latest additions to Hyper's portfolio make everyday mobile setups more personal, portable and productive across work, creating and travel Messe Berlin – IFA 2026 (Hall 5.2, Stand 179) – Hyper®, an innovator of mobile accessories for Apple users, creators and mobile professionals, will showcase its latest lineup at IFA 2026, designed to make everyday mobile setups more personal, portable and productive across work, creating and travel. This press release features multimedia. View the full release here: https://www.businesswire.com/news/home/20260903870923/en/ Discover Hyper's latest MacBook accessories, power and connectivity solutions debuting at IFA 2026 Building on essential MacBook Neo accessories, the range expands across portable charging, privacy, workspace connectivity and carry solutions, led by HyperJuice Flex, Hyper’s colourful and accessible collection designed to make everyday power more portable and personal. “At IFA, we’re introducing an everyday ecosystem built aroun

In our pressroom you can read all our latest releases, find our press contacts, images, documents and other relevant information about us.

Visit our pressroom
World GlobeA line styled icon from Orion Icon Library.HiddenA line styled icon from Orion Icon Library.Eye