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

Freedom Holding Corp. Works With Ant International’s Antom to Simplify Online Shopping From China for Kazakhstan Consumers23.7.2026 07:30:00 CEST | Press release

Freedom Bank SuperApp to be promoted as a payment option on China’s leading e-commerce platforms through Antom On July 16, 2026, during a meeting between Timur Turlov, CEO of Freedom Holding Corp., and representatives of the global fintech market, the bank signed Memoranda of Understanding with Antom, a leading merchant payment and digitisation services provider under Ant International. The primary goal of this partnership is to develop innovative solutions to facilitate cross-border payments for consumers in Kazakhstan. This press release features multimedia. View the full release here: https://www.businesswire.com/news/home/20260722367119/en/ From left to right: Timur Turlov, CEO of Freedom Holding Corp., Leiming Chen, Senior Vice President and Chief Sustainability Officer of Ant International Antom will promote Freedom Bank SuperApp as a supported payment option on China’s leading e-commerce platforms. This move aims to create a seamless cross-border online shopping experience, allo

Galderma Reports Record First Half 2026 Net Sales of 3.134 Billion USD and 24.6% Year-on-Year Growth at Constant Currency, Raises Net Sales Guidance for the Full Year23.7.2026 07:00:00 CEST | Press release

Ad hoc announcement pursuant to Art. 53 LR Galderma Group AG (SIX: GALD), the pure-play dermatology category leader, today announced its financial results for the first half of 2026. Net sales reached 3.134 billion USD, surpassing 3 billion USD for the first time in the first six months of the year and representing net sales growth of 24.6% at constant currency1. Broad-based, double-digit growth in both International markets and the U.S. as well as in all product categories, primarily driven by volume and complemented by favorable mix. Outperforming the market in each product category, with net sales growth year-on-year at constant currency of 12.1% in Injectable Aesthetics, 16.4% in Dermatological Skincare, and 67.9% in Therapeutic Dermatology. Demonstrating leadership in dermatology through ongoing geographic expansion and differentiated innovation, including Nemluvio® (nemolizumab), which generated 433 million USD in net sales, Relfydess™ (RelabotulinumtoxinA), which continues to ra

ATOZ Services Announces Strategic Growth Investment from Bregal Sagemount23.7.2026 06:30:00 CEST | Press release

Investment will support geographic expansion, AI investment and continued growth across ATOZ Services’ fund services platform ATOZ Services (The “Company”), an independent Luxembourg-based fund services platform, today announced that the Company will accelerate its strategic move to continue its international expansion and acquisition-based strategy through a growth investment from Bregal Sagemount (“Sagemount”), a leading growth-focused private equity firm. Sagemount has entered into a partnership with ATOZ Group and ICG that will see Sagemount become the majority shareholder of the Company, while ATOZ Group and ICG retain a minority stake, subject to regulatory approval and other customary procedures. The investment will support the Company’s continued development as an international fund services platform. Founded in 2018 as part of the ATOZ Group, ATOZ Services provides fund-linked special purpose vehicle (“SPV”) services, fund administration, and fund governance, risk and complian

Airship Announces Results Guarantee; Releases Commissioned Study Finding 476% ROI for Composite Organization22.7.2026 17:00:00 CEST | Press release

Airship stands behind results with new guarantee offer*; also launches a commissioned study quantifying how a composite organization moved past vanity metrics to drive $7.3M in value Airship, the mobile-first customer experience platform leader, today announced its Airship Results Guarantee, a corporate commitment to achieve predetermined business outcomes for new customers. Concurrently, the company released the results of a separate, commissioned Total Economic Impact™ (TEI) study conducted by Forrester Consulting on behalf of Airship, July 2026. The study found that a composite organization based on interviewed customers achieved a 476% Return on Investment (ROI) with a payback period of less than six months. This press release features multimedia. View the full release here: https://www.businesswire.com/news/home/20260722832535/en/ Airship has launched a new results guarantee offer to stand behind its value. Alongside this offer, the team shared the results of a new Total Economic

Arrakis Comes out of Stealth With $38M to Help Industrial Enterprises Compete in the AI Era22.7.2026 15:56:00 CEST | Press release

Funding led by Blossom Capital with participation from Accel, GFC, MainObject, and Rerail, bringing total raised to around $38 million in just six months. Arrakis helps industrial companies deploy AI agents into mission-critical operations, tackling the "last mile" challenge that prevents most AI projects reaching production. The funding will enable office openings in New York and the Middle East, platform development and AI deployment in the world's most operationally complex industries. Arrakis, the AI deployment company helping industrial companies install AI agents for mission-critical operations, today announced a $30 million Series A led by Blossom Capital, with participation from existing investor Accel, which also led the company's $7.5 million seed round. The round brings total funding to around $38 million and includes backing from prominent technology leaders, including Olivier Pomel, founder and chief executive of Datadog, Olivier Godement, OpenAI’s Head of business product

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