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

WHOOP and Samuel Ross MBE Announce First Limited-Edition Collection Drop for PROJECT TERRAIN12.3.2026 11:00:00 CET | Press release

The new WHOOP x SR_A collection includes bespoke, performance-driven WHOOP bands, apparel and outerwear WHOOP, the human performance company, today announces that the first limited-edition collection drop of PROJECT TERRAIN, the multi-year collaboration between WHOOP and Samuel Ross MBE via SR_A, is now available for purchase. The debut collection introduces a technical garment system engineered for movement across environments - redefining the city as a modern training ground for daily performance. This press release features multimedia. View the full release here: https://www.businesswire.com/news/home/20260312513358/en/ WHOOP and Samuel Ross MBE Announce First Limited-Edition Collection Drop for PROJECT TERRAIN PROJECT TERRAIN marks a first for WHOOP, featuring reimagined executions of WHOOP bands, elevated WHOOP Body apparel, and the company’s first entry into technical outerwear. Designed as a unified system, each piece integrates the WHOOP device intentionally and visibly, transf

NAFFCO Group and Verona Shelters Launch Strategic Joint Venture to Scale Civil and Military Shelter Production Globally12.3.2026 10:56:00 CET | Press release

NAFFCO Group has entered into a Joint Venture Agreement with Verona Shelters to form a strategic partnership dedicated to developing and manufacturing advanced civil defense and military shelter solutions in the United Arab Emirates. The partnership significantly expands global production capacity for protective shelter infrastructure at a time when governments and critical industries are strengthening resilience and civil preparedness. This press release features multimedia. View the full release here: https://www.businesswire.com/news/home/20260312010187/en/ Left: Verona Shelters: Eng. Shaikha Ali Rashed Al Kaabi, (MD UAE) and Mikko Lahtonen, (Executive Director Middle-East); Naffco Group: Eng. Khalid Al-Khatib (CEO); Mr. Ahmed Khalid Al-Khatib, (Group Managing Director); Mr.Ali Khalid Al-Khatib, (Group Managing Director); Ms.Nour Alyazji, (Business Development Director) The collaboration combines NAFFCO’s global leadership in safety engineering and large-scale manufacturing with Ver

Smiths Detection Celebrates Sale of its 2,000th HI-SCAN 6040 CTiX 3D X-ray Scanner12.3.2026 10:00:00 CET | Press release

Major milestone reinforces Smiths Detection’s position as the world’s most trusted provider of advanced screening solutions, deployed at more than 100 airports Smiths Detection, a global leader in threat detection and screening solutions, today announces the sale of its 2,000th HI-SCAN 6040 CTiX, an industry-leading 3D X-ray scanner with high-resolution 3D computed tomography images and intelligent AI-driven automatic detection capabilities. The HI-SCAN 6040 CTiX is deployed across over 100 airports in Europe, Asia-Pacific, the Middle East and the Americas. Operational experience across these regions has demonstrated consistent benefits for airports and passengers alike. Fewer false alarms mean faster, more reliable screening, and as threat profiles change, the technology keeps pace, strengthening security resilience over time. Meanwhile, in eligible locations, passengers no longer need to remove laptops or liquids from their bags, a small change that has a real impact on congestion at

Egon Zehnder and IMD Join Forces to Boost Board Performance and Leadership Growth12.3.2026 09:00:00 CET | Press release

Egon Zehnder, the world’s premier leadership advisory and executive search firm, and IMD, the leading business school in global executive education, today announced a strategic partnership to facilitate board directors’ personal growth and elevate board performance. The partnership combines IMD's academic rigor and deep connections to global boards with Egon Zehnder's unparalleled expertise in leadership and board effectiveness. Together, they will co-create tailored development experiences that blend research, real-world diagnostics, and practical guidance to support directors navigating today's complex business environment. IMD’s research clearly shows that good governance is a driver of both corporate success and national competitiveness. Egon Zehnder’s global work in supporting the personal development of board directors and chairs has shown that, in times of accelerating change, this has become a decisive factor for success. “This collaboration comes at a pivotal moment,” said Dav

COOLMAX CloakFX™ Fiber Makes Official Global Debut at Performance Days Munich12.3.2026 09:00:00 CET | Press release

The LYCRA Company’s latest innovation minimizes the visible appearance of sweat while delivering moisture management to activewear, ready-to-wear and workwear The LYCRA Company will officially launch COOLMAX CloakFX™ fiber globally at Performance Days Munich, Europe’s leading functional fabric fair, March 18–19. This innovation is designed to help garments appear drier by minimizing visible sweat marks while delivering moisture management and cooling comfort. This press release features multimedia. View the full release here: https://www.businesswire.com/news/home/20260317950119/en/ COOLMAX CloakFX™ fiber, the latest innovation from The LYCRA Company, helps garments appear drier by minimizing visible sweat marks and delivering moisture-wicking, cooling performance. Photo credit: The LYCRA Company COOLMAX CloakFX™ fiber is for brands, mills, and garment makers creating performance-driven activewear, workwear, and everyday apparel. The technology diffuses light at the fiber level using o

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