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

Ant International’s FalconTST Model 2.0 Achieves SOTA, Elevating Predictive AI Application in Finance to New Levels20.8.2026 03:55:00 CEST | Press release

FalconTST 2.0 has achieved state-of-the-art performance on MASE metricon top global benchmark.Banks use FalconTST 2.0 to better forecast liquidity exposure with Barclays, Citi, Deutsche Bank and Standard Chartered having integrated FalconTST 2.0 for cashflow forecasting and FX management.FalconTST 2.0 has achieved >93% forecast accuracy rate consistently and is ready for broader industry application, including logistics, aviation, e-commerce, besides financial sector. Ant International has introduced Falcon Time-Series Transformer (TST) AI Model 2.0, its most advanced TST model so far designed to deliver more accurate forecasting in real-world FX risk management of cross-border payments, with more industry applications to come, such as demand forecasting for supply chain management for e-commerce platforms, and predictive operations management for aviation industry. This press release features multimedia. View the full release here: https://www.businesswire.com/news/home/20260819055561

Grid Dynamics Earns MACH Alliance's 2026 Agent Ready Award for Production-Scale Agentic AI19.8.2026 22:05:00 CEST | Press release

Key Takeaways: Grid Dynamics is named to MACH Alliance's inaugural 2026 Agent Ready cohort. Grid Dynamics won the award for its agentic AI capabilities and for programs delivered at a global food and beverage company and a global payments company. Grid Dynamics delivered the qualifying work through its Grid Dynamics AI Native (GAIN) platforms and Forward Deployed Engineer delivery model. Grid Dynamics Holdings, Inc. (Nasdaq: GDYN) (“Grid Dynamics”), a premier AI transformation partner for the Fortune 1000, today announced it has earned MACH Alliance's 2026 Agent Ready Award, becoming one of 35 companies named in the program's inaugural cohort. Agent Ready is an advanced certification that builds upon MACH Certification, the MACH Alliance's baseline standard for open, composable, and connected technology. The honor recognizes certified members that have moved agentic AI from pilots and demos into production, at scale, with the guardrails enterprise deployment requires. Every award is in

Xsolla Announces Multi-Year Strategic Partnership With the Good Game Club Podcast to Amplify Positive Stories From the Global Games Industry19.8.2026 18:10:00 CEST | Press release

Collaboration Brings Co-Created Episodes, Live Recordings At gamescom And GDC, And Stories From Studios, With Episodes Recorded Across the Globe Xsolla, a global video game commerce company, today announced a multi-year strategic partnership with Good Game Club, the independent, global podcast dedicated to sharing positive stories from the gaming ecosystem. The partnership builds on a broader effort to support the developers, publishers, and creators shaping the future of the games industry in a positive way by supporting good stories from the human side of video game businesses. The partnership spans the global events calendar, with joint podcast recordings planned each year at gamescom in Cologne and the Game Developers Conference (GDC) in San Francisco. This press release features multimedia. View the full release here: https://www.businesswire.com/news/home/20260819127662/en/ Graphic: Xsolla Xsolla and Good Game Club will collaborate on recurring editorial segments and deep-dive ep

KAGA FEI Expands Its Software-Embedded Bluetooth Low Energy Module Lineup with ES4L15MA1 and EC4L15MA119.8.2026 16:00:00 CEST | Press release

KAGA FEI Co., Ltd., a global provider of advanced short-range wireless modules, announced today the development of the ES4L15MA1 and EC4L15MA1 Bluetooth Low Energy modules with embedded software for wireless communication. This press release features multimedia. View the full release here: https://www.businesswire.com/news/home/20260802953307/en/ ES4L15MA1 (left) and EC4L15MA1 (right) sample modules These products are versions of KAGA FEI’s ES4L15BA1 and EC4L15BA1 wireless modules with embedded software, which use Nordic Semiconductor’s nRF54L15. Because the modules include the functions required for Bluetooth Low Energy communication, device manufacturers can develop products in a shorter period without having to develop wireless communication software from scratch. The modules help reduce software development workloads, shorten product development cycles, and lower development costs for a wide range of IoT devices. The need for wireless connectivity in IoT applications is growing acr

Xsolla Introduces Integrated Backend and Global Payment Solutions for Games, With Founding Partner AccelByte19.8.2026 15:00:00 CEST | Press release

Game Developers Can Now Apply For Early Access To The Integrated Solution Ahead Of Launch Xsolla, a global video game commerce company, today introduced integrated backend solutions for game developers through a founding partnership with AccelByte, a fully managed extensible games backend platform, and opened a closed testing program for a combined solution that pairs AccelByte Gaming Services (AGS) with Xsolla's global payments and monetization tools. Select developers can now apply for early access and help shape the integration ahead of its broader launch. This press release features multimedia. View the full release here: https://www.businesswire.com/news/home/20260819624666/en/ Graphic: Xsolla As studios scale live games across PC, mobile, console, and the web, managing player persistence, gaming backend, and global transactions adds cost and slows launches. Through the founding partnership with AccelByte, Xsolla brings AccelByte's backend services together with its own payments a

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