MEDISCA-PHARMACEUTIQUE
22.11.2021 07:02:14 CET | Business Wire | Press release
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.
View source version on businesswire.com: https://www.businesswire.com/news/home/20211121005089/en/
Link:
Social Media:
About Business Wire
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
Megaport Launches Storage, Unifying Its Automated Infrastructure Platform Alongside Compute and Network Offerings4.6.2026 00:47:00 CEST | Press release
Megaport Storage enables enterprises to run data-intensive workloads on dedicated software-defined infrastructure with cloud-like agility and predictable costs. Megaport Limited (ASX: MP1) (“Megaport”), a leading global automated infrastructure platform, today announced the launch of Megaport Storage, expanding its platform to deliver integrated compute, network, and storage services. Megaport Storage integrates high-performance, enterprise cloud storage directly into the Megaport Network and Latitude.sh compute platform, giving enterprises a unified foundation that covers the three key pillars of IT infrastructure: compute, network, and storage. The launch marks a culminating step in Megaport’s evolution, delivering predictable costs, seamless scalability, and direct data access wherever customers operate. “With the launch of Megaport Storage, we’re not just connecting your cloud anymore; we’re providing the foundation for it,” said Michael Reid, CEO of Megaport. “By aligning storage
C.H. Robinson Launches World's First AI Technology That Continually Assesses, Improves and Operates Global Supply Chains3.6.2026 18:00:00 CEST | Press release
The newest innovation for Managed Solutions, the Lean AI Engineer, is the brain of the system As the global leader in Lean AI supply chains, C.H. Robinson has built the first AI technology designed to both operate a shipper’s global supply chain and also continuously assess and improve its performance. Now serving the company’s 4PL Managed Solutions customers, a new Lean AI Engineer works in concert with the Lean AI Planner introduced last year to create one connected system that uniquely enhances a supply chain as it runs. This press release features multimedia. View the full release here: https://www.businesswire.com/news/home/20260520874794/en/ The Lean AI Engineer can assess an entire supply chain in 25 to 30 minutes and determine improvements before performance is impacted – compared to supply chain assessments that typically take up to four weeks and look backward at what has happened instead of what should happen. While the Lean AI Engineer delivers intel, the Lean AI Planner ma
Leading Global Brain Science Conference OHBM 2028 to Be Held in Yokohama3.6.2026 17:00:00 CEST | Press release
Yokohama has won the bid to host the 2028 Annual Meeting of the Organization for Human Brain Mapping (OHBM 2028), one of the world’s premier international conferences in brain science, further elevating the city’s presence as a global hub for international conventions and academic exchange. The meeting will take place at PACIFICO Yokohama from June 18–22 and will mark only the second time the meeting has been held in Japan. This press release features multimedia. View the full release here: https://www.businesswire.com/news/home/20260603787692/en/ YOKOHAMA JAPAN'S FIRST PORT OF CALL OHBM is a leading international academic society in the fields of brain imaging, neuroscience, and neurological-disease research. Its annual meeting attracts around 3,000 researchers, healthcare professionals, and industry representatives from around the world. OHBM 2028 will be organized in collaboration with the Japan Human Brain Mapping Society (JHBM, President: Yoshikazu Ugawa and Tetsuya Matsuda). The
Almarai Launches the 2026 Cycle of the World’s Largest Award for Food Security Research in Dryland Regions3.6.2026 16:31:00 CEST | Press release
The Almarai Prize - the international track of the Almarai Prize for Scientific Creativity - invites leading global research institutions and PhD‑holding scientists to nominate standout research that advances food security in dryland regions. Self‑nominations are not allowed; only PhD‑level nominators may submit, and institutions may nominate up to three projects. The prize totals USD 500,000 (SAR 1,875,000), awarded to one winning research project or institution. The 2026 cycle of the Almarai Prize, international track of the Almarai Prize for Scientific Creativity, has officially opened, calling on leading research institutions, distinguished scientists, and global experts to nominate pioneering research that advances food security in the world’s driest regions. This press release features multimedia. View the full release here: https://www.businesswire.com/news/home/20260603753914/en/ Almarai Launches the 2026 Cycle of the World’s Largest Award for Food Security Research in Dryland
Stabilizing Grids and Cutting Costs in Half: Europe Is Banking on Grid-Relevant Storage Systems3.6.2026 15:50:00 CEST | Press release
The European battery market is scaling up at record speed: According to the latest Solar+ Report from SolarPower Europe, at the end of 2025, the installed storage fleet in the EU had reached a total capacity of 40 gigawatts (GW) and a storage capacity of 77 gigawatt hours (GWh). This is an increase of over 45 percent compared to the previous year. By 2030, the study’s Solar+ scenario forecasts that capacity will quadruple to 171 GW, while storage capacity will increase eightfold to 598 GWh. As growing solar and wind capacities place increasing demands on European grids, storage systems will need to shift electricity over many hours. As a result, the average storage duration will go up from 1.9 to 3.5 hours. This represents a technological leap that underscores the need to establish more grid-relevant storage systems. Taking place in Munich from June 23–25, ees Europe will showcase how the industry is meeting this enormous demand. As Europe’s largest exhibition for batteries and energy
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
