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
Hitachi Unveils a New Global Digital Services Company Turning Cloud, Data and AI Into Measurable Business Outcomes: Hitachi Digital28.10.2026 01:00:00 CET | Press release
Uniting GlobalLogic and Hitachi Digital Services under a single global brand, Hitachi Digital will deliver end-to-end capabilities that help organizations in complex, mission-critical industries drive business transformation Hitachi, Ltd. (TSE:6501, “Hitachi”) today announced plans to launch Hitachi Digital Inc. (“Hitachi Digital”), a new global digital services company, on April 1, 2027, in accordance with the integration plan announced in January 20261. Hitachi Digital will unite Hitachi’s U.S. subsidiaries, GlobalLogic Inc. (“GlobalLogic”) and Hitachi Digital Services LLC (“Hitachi Digital Services”) under a single company using the Hitachi brand, with a brand campaign launching today. Hitachi Digital will steadily guide enterprise digital transformation at the convergence of cloud, data and AI toward concrete business results. This press release features multimedia. View the full release here: https://www.businesswire.com/news/home/20261027531796/en/ Hitachi unveils a new global di
Logitech Announces Q2 Fiscal Year 2027 Results27.10.2026 21:05:00 CET | Press release
Second Quarter Marks Company’s Eleventh Consecutive Quarter of Growth SIX Swiss Exchange Ad hoc announcement pursuant to Art. 53 LR — Logitech International (SIX: LOGN) (Nasdaq: LOGI) today announced financial results for the second quarter of Fiscal Year 2027. Sales were $1.22 billion, up 3 percent in US dollars and 2 percent in constant currency, compared to Q2 of the prior year. GAAP gross margin was 44.9 percent, up 150 basis points compared to Q2 of the prior year. Non-GAAP gross margin was 45.2 percent, up 140 basis points compared to Q2 of the prior year. GAAP operating income was $201 million, up 5 percent compared to Q2 of the prior year. Non-GAAP operating income was $231 million, up 0.4 percent compared to Q2 of the prior year. GAAP earnings per share (EPS) was $1.25, up 9 percent compared to Q2 of the prior year. Non-GAAP EPS was $1.51, up 4 percent compared to Q2 of the prior year. Cash flow from operations was $164 million. The quarter-ending cash balance was $1.51 billio
Grid Dynamics Launches Business Process Consulting Practice to Bridge the Gap Between AI Investment and Business Results27.10.2026 21:05:00 CET | Press release
Key Takeaways: Grid Dynamics expands its enterprise AI transformation capabilities with a new Business Process Consulting practice enabling end-to-end AI transformation for Fortune 1000 enterprises. Integrated with Grid Dynamics' established AI engineering expertise, the practice helps enterprises identify business opportunities, provides investment justification to technology implementation and measurable value realization by enterprise-wide change management. The practice combines Grid Dynamics' ARC (Assess, Reengineer, Capture) methodology with a technology-driven approach to consulting, incorporating advanced AI capabilities into business process optimization and personalized, AI-powered change management. Grid Dynamics Holdings, Inc. (Nasdaq: GDYN) (“Grid Dynamics”), a premier AI transformation partner for the Fortune 1000, today announced the launch of its Business Process Consulting practice, extending the company's AI transformation capabilities across the entire AI adoption li
Hightouch Partners with Independent Media to Activate Reader and Commercial Data27.10.2026 17:01:00 CET | Press release
The partnership will help Independent Media deliver more relevant reader engagement, build premium advertising audiences, and support affiliate and e-commerce growth. Hightouch, the leading agentic marketing platform, today announced a partnership with Independent Media, publisher of The Independent. Independent Media will use Hightouch to connect its customer data to marketing tools. With Hightouch, the company will send readers more relevant membership and subscription offers, build stronger audiences for its advertising partners, and grow its affiliate and e-commerce business. “Deepening customer relationships and delivering real value to our commercial partners requires moving seamlessly from insight to action,” said Krishan Gandhi, Director of Data Intelligence and Monetisation at Independent Media. “Partnering with Hightouch allows us to utilise our warehouse data directly into our engagement tools, powering real-time, omnichannel journey orchestration, while enabling us to build
IFF Identifies Ten Consumer Moments Reshaping Food and Beverage Innovation in the GLP-1 Era27.10.2026 16:00:00 CET | Press release
New research reveals how smaller, more intentional eating occasions are creating new opportunities for nutrition, flavor and renewed enjoyment. IFF (NYSE: IFF)—a global leader in flavors, fragrances and health and biosciences, today launched its latest report, “GLP-1 Consumer Moments of Opportunity.” The report uncovers ten emerging consumer moments that reflect the changing needs of consumers using GLP-1 medications. This press release features multimedia. View the full release here: https://www.businesswire.com/news/home/20261026614988/en/ New report from IFF uncovers ten emerging consumer moments that reflect the changing needs of consumers using GLP-1 medications. “What GLP-1 users need from food and beverage products depends on the moment, and those needs can change many times throughout the day,” said Yuvraj Arora, president of IFF Taste. “The most successful innovations will be designed around the occasions that matter most to consumers, delivering the right balance of nutrition
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
