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

Lehman Brothers Treasury Considers Sale and Final Wind-Down3.8.2026 15:30:00 CEST | Press release

Lehman Brothers Treasury Co. B.V. in liquidation (“LBT”) today, through its U.S. counsel Herbert Smith Freehills Kramer (USA) LLP, announced that LBT is considering a final wind-down of its estate. In connection therewith, LBT has retained Seaport Loan Products LLC as its exclusive placement agent in connection with the potential sale of LBT’s principal remaining asset – a $19.6 billion Class 4A allowed claim against Lehman Brothers Holdings Inc. (the “LBHI Claim”). LBT expects the sale to occur, if at all, in August 2026. To the extent the LBHI Claim is sold, LBT expects to make a final distribution to the holders of its existing notes and thereafter facilitate the cancellation of those notes and the final wind down of its estate in September 2026. The foregoing is subject to further consents and authorizations and LBT retains sole discretion to abandon or otherwise discontinue any sale process at any time. Accordingly, there can be no assurances that the sale process will be conducte

ClickHouse Launches ClickHouse Labs With Andy Pavlo as VP of Database Research3.8.2026 15:30:00 CEST | Press release

Renowned database researcher will lead a new group dedicated to advancing foundational database technology and sharing its work openly with the broader community ClickHouse today announced the launch of ClickHouse Labs, a new research group led by Andy Pavlo, one of the database industry’s most prominent researchers. Dr. Pavlo joins ClickHouse as Vice President of Database Research and will build a team dedicated to advancing the state of the art in database systems. This press release features multimedia. View the full release here: https://www.businesswire.com/news/home/20260803890510/en/ Andy Pavlo, VP of Database Research, ClickHouse Pavlo is an award-winning database researcher and professor at Carnegie Mellon University’s Computer Science Department. He is known throughout the database community for his work on autonomous databases, transaction processing, and large-scale data analytics. At ClickHouse, he will bring that expertise to some of the most ambitious and consequential c

EuroTeleSites Strengthens Operations One Year into Sitetracker Partnership3.8.2026 15:00:00 CEST | Press release

EuroTeleSites, one of Central and Eastern Europe's leading independent tower companies, today announced the results of its first year in partnership with Sitetracker, the leading global Asset Lifecycle Management platform. One year into the deployment, EuroTeleSites reports meaningful progress in its digital transformation, with measurable improvements in operational efficiency, cross-market transparency, and project coordination across its six-country footprint. This press release features multimedia. View the full release here: https://www.businesswire.com/news/home/20260727009809/en/ EuroTeleSites Strengthens Operations One Year into Sitetracker Partnership Driving Efficiency in a Complex, High-Investment Environment EuroTeleSites invests approximately 25% of its revenue into capital expenditures in 2026, funding the construction and upgrade of tower infrastructure across Central and Eastern European markets. Managing this level of scale and complexity demands robust digital support

Visa to Acquire BioCatch3.8.2026 14:30:00 CEST | Press release

BioCatch’s behavioral and device intelligence expertise expected to help detect scams, account takeovers and digital fraud before they happen Visa (NYSE: V) today announced it has signed a definitive agreement to acquire BioCatch, a leading provider of behavioral-first, multi-signal fraud intelligence, from funds advised by Permira and other shareholders for $2.4 billion in cash. The acquisition of BioCatch complements Visa’s existing cyber, fraud, risk and security solutions and is expected to help clients better protect themselves and their customers from the growing threat of account takeovers, scams, money mules and application fraud. Since its inception, BioCatch has developed innovative AI and machine learning-based solutions that analyze thousands of application, behavioral, device, and network signals—such as keystrokes, touch gestures, and device handling—to detect fraud and distinguish legitimate users from fraudsters in real time. BioCatch protects 1.8 billion devices and 76

U.S. Bank Investment Services enhances investor and client onboarding experience for alternative investments3.8.2026 14:16:00 CEST | Press release

U.S. Bank Investment Services today announced it has gone live with a new client lifecycle management (CLM) platform, providing a comprehensive onboarding solution for alternative investment clients and the investors in their funds. The implementation is a key milestone in Investment Services’ multi-phased technology transformation strategy, aimed at modernizing processes, workflows and reporting across the private funds space. U.S. Bank leverages CLM provider Fenergo and its Fen-X platform. Fen-X automates many of the manual processes traditionally associated with underlying investors and direct client relationships and accelerates account setup while maintaining regulatory requirements. The enhanced onboarding experience provides investors and clients with more transparency throughout the process and enables integration with other solutions providers involved in the investor journey, such as screening and tax reporting. The investor experience has been further enhanced with an invest

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