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

Prodalim Reports Q3 2026 Results, with Growth in its Specialty Ingredients & Solutions Business and Solos Activity Net Profit and Cashflow from Operating Activities9.11.2026 11:18:00 CET | Press release

Group revenues for the quarter grew 7% reaching US$98.4 million.SIS revenues (Specialty Ingredients & Solutions) grew 30% in Q3 reaching US$20 million.Adjusted EBITDA1 for the SIS grew 37% reaching US$4.3 million, reflecting an adjusted EBITDA margin of 21.4%.Juice Solutions revenues grew 2% in the quarter to US$78 million, improvement in adjusted EBITDA margin to 11.0%.Group’s adjusted net profit grew 34% reaching US$4.2 million.Cashflow from operating activities in the quarter was strong, increasing to US$16.7 million.Last week, the Company announced a strategic acquisition, of BOK, a South African company that produces natural ingredients, high value grape based specialty using circular economy principles. Regulatory News: Tsahi Barak, Chairman of the Board and CEO of the Company, commented: "We are pleased to report another quarter of growth across all key operating parameters, alongside an important strategic acquisition. We continue to make substantial investments in production i

Logistics Reply named a Leader in the IDC MarketScape: Worldwide Warehouse Management for Retail and Manufacturing9.11.2026 10:00:00 CET | Press release

Logistics Reply, the Reply Group company specialised in software solutions for supply chain execution and warehouse management, has been positioned in the Leaders Category of the IDC MarketScape: Worldwide Warehouse Management for Retail 2026 Vendor Assessment (doc #US53701926, October 2026) as well as in the IDC MarketScape: Worldwide Warehouse Management for Manufacturing 2026 Vendor Assessment (doc #US53013526, October 2026). The reports evaluate vendors based on strategy and product capabilities, looking at both quantitative and qualitative criteria. This press release features multimedia. View the full release here: https://www.businesswire.com/news/home/20261109197861/en/ Logistics Reply, the Reply Group company specialised in software solutions for supply chain execution and warehouse management, has been positioned in the Leaders Category of the IDC MarketScape: Worldwide Warehouse Management for Retail and Manufacturing. LEA ReplyTM is Logistics Reply’s cloud-native warehouse

SWISSto12 passes critical design review of dual-band 5G antennas for UNIVITY satellites9.11.2026 09:00:00 CET | Press release

The milestone clears the way for flight hardware production, bringing UNIVITY closer to delivering both broadband and direct-to-device 5G services from a single satellite architecture. SWISSto12, a leading enabler of the new space economy, today announced it has passed the Critical Design Review (CDR) for the S- and Ka-band phased array antennas for UNIVITY’s 5G non-terrestrial network (NTN) demonstration satellites. This press release features multimedia. View the full release here: https://www.businesswire.com/news/home/20261109823601/en/ SWISSto12's S- and Ka-band phased array antennas pass Critical Design Review SWISSto12 is developing two active antennas for UNIVITY: an S-band direct radiating array (DRA) for direct-to-device services, connecting standard 5G phones straight to the satellite, and a Ka-band DRA operating at 26 GHz for broadband services and feeder links. Both are built for 5G NTN applications, allowing one single satellite to carry both broadband and direct-to-devic

Arrow Electronics lancerer en ny forretning, Capstone, for at øge fokus på IP&E-løsninger9.11.2026 07:00:00 CET | Pressemeddelelse

Arrow præsenterer den nye forretning på electronica-messen i München (10.-13. nov) Arrow Electronics, Inc. (NYSE:ARW) annoncerede i dag lanceringen af Capstone, en global forretning dedikeret til interconnect, passiver og elektromekaniske (IP&E) produkter, løsninger og services. Med Capstone skaber Arrow en fokuseret og specialiseret go-to-market-tilgang for IP&E idet det teknologisegment bliver mere kritisk for systemets ydeevne, pålidelighed og forsynings sikkerhed. Capstone er designet til at gøre IP&E nem at specificere, indkøbe og skalere. Kunder vil få fordelen ved dedikeret IP&E ressourcer, hurtig beslutningstagning og bred teknisk viden, både på on-board og off-board produkter. Med et fokuseret brand kan Capstone tilbyde kunderne mere målrettet rådgivning og støtte gennem hele processen – fra de første designovervejelser til den færdige produktion. Det giver kunderne et bedre grundlag for at træffe de rigtige beslutninger, mindske risikoen undervejs og skabe de bedste skalerbar

Avanzanite Announces Exclusive Licence Agreement to Commercialise Zemcelpro® in Europe9.11.2026 07:00:00 CET | Press release

Zemcelpro is authorised in the European Union for eligible adults with blood cancers who need an allogeneic stem cell transplant and have no other suitable donor cells available. Avanzanite secures exclusive commercialisation rights to Zemcelpro across 32 countries covering the European Economic Area, UK and Switzerland including potential indication expansion. Avanzanite will become the EU marketing authorisation holder following regulatory transfer and support a planned Phase 3 trial. Zemcelpro becomes Avanzanite’s fifth rare disease launch and first advanced therapy medicinal product (ATMP). Avanzanite Bioscience B.V. (“Avanzanite” or “Company”) a European pharmaceutical company focused on rare diseases, today announced an exclusive licence agreement with Montreal-based Cordex Biologics, an ExCellThera company (“ExCellThera”), a leader in enhanced blood stem cell therapies, to commercialise Zemcelpro®. Zemcelpro received conditional marketing authorisation from the European Commissi

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