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

Canva Announces Anthropic Collaboration to Bring AI-Powered Design to Millions17.4.2026 17:51:00 CEST | Press release

New collaboration brings Canva into Claude Design by Anthropic, turning AI-generated ideas into fully editable, on-brand designs Canva, the world’s leading all-in-one visual communication platform, today announced the next chapter in its two-year strategic collaboration with Anthropic, bringing Canva directly into the newly launched Claude Design by Anthropic Labs, one day after unveiling Canva AI 2.0 to a crowd of 6,500 people at Canva Create in Los Angeles.. This press release features multimedia. View the full release here: https://www.businesswire.com/news/home/20260410843169/en/ Canva and Claude Canva is also today introducing HTML importing, a new capability that makes it easy to bring interactive content generated in tools like Claude into the Canva editor for drag-and-drop collaboration, refinement, and publishing. The collaboration makes it easier for Claude Design users to turn AI-generated drafts and ideas into fully editable designs in Canva, where they become collaborative

Andersen Consulting tilføjer samarbejdsfirmaet Nuvolar17.4.2026 15:43:00 CEST | Pressemeddelelse

Andersen Consulting udvider sin platform for digitale transformation gennem en samarbejdsaftale med Nuvolar, et teknologikonsulenthus med speciale i cloudbaseret softwareudvikling og avancerede Salesforce-implementeringer. Nuvolar, der blev stiftet i 2008 og har hovedsæde i Spanien, leverer end-to-end digital produktudvikling med dyb ekspertise inden for Salesforce, specialudviklede web- og mobilapplikationer, full-stack udvikling, UX/UI-design, produktledelse og langsigtede supporttjenester. Med mere end 110 fagfolk fordelt over Barcelona, Madrid, Miami og Mexico City arbejder virksomheden med kunder inden for luftfart, sundhedsvæsen, forbrugsgoder, medicinalindustrien samt hotel- og restaurationsbranchen for at designe og implementere skalerbare, forretningskritiske platforme, der optimerer driften og fremskynder den digitale transformation. "Samarbejdet med Andersen Consulting giver os mulighed for at levere vores ekspertise i en større skala," udtalte Marc Vivas, administrerende di

Qualcomm Announces Quarterly Cash Dividend17.4.2026 15:00:00 CEST | Press release

Qualcomm Incorporated (NASDAQ: QCOM) today announced a quarterly cash dividend of $0.92 per common share, payable on June 25, 2026, to stockholders of record at the close of business on June 4, 2026. About Qualcomm Qualcomm relentlessly innovates to deliver intelligent computing everywhere, helping the world tackle some of its most important challenges. Building on our 40 years of technology leadership in creating era-defining breakthroughs, we deliver a broad portfolio of solutions built with our leading-edge AI, high-performance, low-power computing, and unrivaled connectivity. Our Snapdragon® platforms power extraordinary consumer experiences, and our Qualcomm Dragonwing™ products empower businesses and industries to scale to new heights. Together with our ecosystem partners, we enable next-generation digital transformation to enrich lives, improve businesses, and advance societies. At Qualcomm, we are engineering human progress. Qualcomm Incorporated includes our licensing business

Byondis to Present Data from its Novel ADC Technology Platforms at the American Society for Cancer Research Meeting 202617.4.2026 13:00:00 CEST | Press release

Byondis B.V., an independent biopharmaceutical company creating innovative targeted medicines for patients with cancer, will profile the Company’s first-in-class antifolate and phosphonate antibody-drug conjugate (ADC) technology platforms in poster sessions at the American Society for Cancer Research (AACR) Annual Meeting 2026 in San Diego, CA, from today through to 22 April. Wim Dokter, PhD, Chief Scientific Officer at Byondis, said: “The research we are presenting at AACR highlights the potential of two of our state-of-the-art ADC technology platforms to address significant limitations with current therapeutic approaches in cancer treatment. Our first-in-class antifolate linker-drug platform features an orthogonal mechanism of action based on clinically validated biology. This approach is engineered to address acquired resistance that can develop with current ADC treatments, positioning it for use across treatment lines. Our phosphonate linker-drug platform offers a complementary me

BlackBerry, JVCKENWOOD and SK Telecom Join Sisvel POS Patent Pool as Licensors17.4.2026 09:04:00 CEST | Press release

The new Sisvel Point of Sale (POS) patent pool, announced on 1 April, has added three new licensors in the last two weeks. BlackBerry, JVCKENWOOD and SK Telecom have joined founding licensors Huawei, LG Electronics and Nokia in making their patents available for license through the programme. Sisvel POS covers 2G, 3G, 4G and 5G technologies. It is the first joint licensing programme to address point of sale devices – a category of product that has leveraged cellular connectivity to transform customer payment processing. Participating patent owners make their relevant standards essential patents (SEPs) available on FRAND terms, simplifying access to essential IP rights for POS device makers. Early participation incentives for licensors are available until mid-May. Parties interested in joining the pool are encouraged to contact Sisvel as soon as possible. “BlackBerry, JVCKENWOOD and SK Telecom are first-rate cellular innovators. I am pleased they have chosen to become part of Sisvel POS

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