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

Suzano Reports Record Sales and Continued Improvements in Operational Efficiency in 202511.2.2026 00:44:00 CET | Press release

Suzano, the world’s largest pulp producer, announces its results for both the final quarter (4Q25) and the full year (2025), reporting record annual sales volumes and net revenue. The company also reported an improvement in its cash cost of pulp production, reflecting the drive for improved operational efficiency. Pulp and paper sales reached 14.2 million tonnes, a 15% increase compared to 2024. This performance was driven primarily by the strong operational contribution of the Ribas do Rio Pardo pulp mill, which began production in July 2024, and the company’s paper mills in the United States. As a result, Suzano’s full‑year net revenue reached a record R$50 billion in 2025. The company’s consistent focus on efficiency and cost discipline also contributed to a meaningful reduction in the cash cost of pulp production. Excluding downtime, the annual cash cost was R$817 per tonne, reaching its lowest annual level since 2021. Operational efficiency also helped Suzano deliver operating cas

Eclipse Signs Partnership Agreement With BNP Paribas to Power the Next Stage of Growth11.2.2026 00:05:00 CET | Press release

The agreement includes a strategic equity investment in Eclipse by BNP Paribas Eclipse, a leading battery storage, development, and energy trading company, and BNP Paribas, one of the largest banks in the Eurozone, today announced a strategic partnership to accelerate the deployment of Battery Energy Storage Systems (BESS) and strengthen Europe's energy resilience. This partnership includes a strategic equity investment in Eclipse by BNP Paribas. Through its proprietary algo trading software, Flowstream, Eclipse optimizes battery energy storage assets in real-time for its own and third-party assets. As an integrated BESS player, Eclipse develops, owns, and operates industrial-scale energy assets. The company currently has a pipeline of 16 projects in France and Belgium, representing a total capacity of 850 MW. The partnership with BNP Paribas provides asset owners with tailored financing solutions for BESS projects, as well as hedging instruments to manage merchant risk and reduce asse

World Governments Summit 2027 Date Announced, Following Largest-Ever Global Participation10.2.2026 22:06:00 CET | Press release

Largest edition in the summit’s history convened 6,250+ global leaders, policymakers, and experts from 150+ countriesWorld leaders, including presidents from Switzerland, Sierra Leone, and beyond, lead strategic dialogues Under the leadership of UAE President His Highness Sheikh Mohamed bin Zayed Al Nahyan and His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice President and Prime Minister of the UAE and Ruler of Dubai, the World Governments Summit concluded in Dubai with its largest-ever participation, featuring more than 6,250 attendees. This press release features multimedia. View the full release here: https://www.businesswire.com/news/home/20260210283291/en/ World Governments Summit 2026 concludes in Dubai with record participation, bringing together more than 6,250 global leaders from over 150 countries to advance dialogue on governance, innovation, and sustainable development (Photo: AETOSWire) A Global Platform Convening Global Leaders Held in Dubai from 3 to 5 February, t

Palantir and Airbus Extend Strategic Collaboration10.2.2026 22:01:00 CET | Press release

Palantir Technologies (NASDAQ:PLTR) is proud to announce the extension of its collaboration with Airbus through a multi-year agreement, confirming a relationship that has driven innovation across the aerospace industry for over a decade. Under this renewed contract, Airbus will continue to rely on Palantir for Skywise, its civil aviation open data platform. The Skywise platform enhances aircraft and equipment designs and enables greater efficiency, safety and sustainability in the production of civil aircraft across the Airbus industrial footprint. It also improves the performance of airlines’ operations by combining in-flight engineering and operational data in an analytic rich environment enabling airlines to address their main challenges. This renewed commitment comes at a pivotal time, as the aerospace sector faces demands for innovation, agility, and competitiveness. With this renewed collaboration, Palantir will provide Airbus and its customers with continued access to cutting-ed

Grand Prix ACF AutoTech 2026 Unveils Its Six Finalist Startups10.2.2026 19:31:00 CET | Press release

The jury of the Grand Prix ACF AutoTech 2026, which met on February 9 at the Automobile Club de France, has selected six finalist startups following several hours of deliberation. This press release features multimedia. View the full release here: https://www.businesswire.com/news/home/20260210456562/en/ Jury members The selected companies stand out for their technological ambition, economic viability and tangible impact on automotive cost reduction and industrial performance. Key themes this year include AI-assisted engineering design, strategic independence from critical materials, and advanced LiDAR optimization. Finalist startups include: Grand Prix ACF (Mature startups) - Altrove (Paris, France): Develops innovative alternatives to high-risk critical inorganic materials using a proprietary algorithmic approach and unique artificial intelligence, strengthening industrial resilience and technological sovereignty. - Cognitive Design Systems (Toulouse, France): Provides an AI-powered

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