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

Telekom Srbija Group Announces Platinum Sponsorship of EXPO 2027 Belgrade20.2.2026 12:32:00 CET | Press release

Telekom Srbija to power EXPO 2027 and unveil dedicated pavilion showcasing its technology ecosystem Telekom Srbija Group today announced its Platinum Sponsorship of EXPO 2027 Belgrade, marking a major milestone in the company’s continued leadership in digital innovation and infrastructure across the region. As a Platinum Sponsor, Telekom Srbija will play a central role in delivering the digital backbone of EXPO 2027, powering connectivity and enabling the state-of-the-art technological infrastructure that will support one of the largest international events ever hosted in Serbia. EXPO 2027 represents a defining moment for Belgrade, Serbia, and the wider region. For Telekom Srbija, the partnership is both a strategic commitment and a landmark opportunity to demonstrate the full strength of its technological ecosystem on a global stage. Telekom Srbija will also host its own pavilion at EXPO 2027, creating an immersive space to showcase its technologies, innovation platforms and future-fa

Axelspace Secures Japan Ministry of Defense Satellite Constellation Project20.2.2026 12:01:00 CET | Press release

As an optical imagery provider, Axelspace has entered into a contract for the acquisition of image data Axelspace Corporation (“Axelspace”), a leading developer and operator of microsatellites dedicated to realizing its vision of “Space within Your Reach,” announced that, for the purpose of carrying out the Ministry of Defense’s satellite constellation project, it has entered into a contract with Tri-Sat Constellation Co., Ltd. and Mitsui Bussan Aerospace Co., Ltd. for acquisition of optical imagery data. Tri-Sat Constellation Co., Ltd. is a special purpose company (SPC) established by Mitsubishi Electric Corporation, SKY Perfect JSAT Corporation, and Mitsui & Co., Ltd. This press release features multimedia. View the full release here: https://www.businesswire.com/news/home/20260220758297/en/ An imagery of satellite constellation © the Ministry of Defense The Ministry of Defense’s satellite constellation project was awarded to a consortium comprising Mitsubishi Electric Corporation, S

Sai Life Sciences to Recruit 700+ Professionals in FY2720.2.2026 10:09:00 CET | Press release

Sai Life Sciences Limited (BSE: 544306 | NSE: SAILIFE), one of India’s leading integrated contract research, development and manufacturing organizations (CRDMOs), today announced plans to hire 700+ scientific, technical, and management professionals during 2026–27 as it scales capabilities to meet growing global demand for end-to-end drug discovery, development and manufacturing services. This press release features multimedia. View the full release here: https://www.businesswire.com/news/home/20260220711675/en/ Integrated R&D Campus, Sai Life Sciences, Hyderabad, India The recruitment will span roles across medicinal chemistry, biology, DMPK, process and analytical development, formulation development, process engineering, technology transfer, quality, peptides, business development, program management, and manufacturing, among others. A specific area of focus through this recruitment drive will be on attracting high-calibre scientists from leading institutions in India and globally,

Balmain Beauty Introduces Destin de Balmain: A New Prestige Fragrance20.2.2026 08:30:00 CET | Press release

Balmain Beauty unveils Destin de Balmain, its debut prestige fragrance. The new feminine fragrance is a bold, floral fruity eau de parfum that captures the unstoppable energy of the Balmain woman: independent, youthful, and unapologetic. This press release features multimedia. View the full release here: https://www.businesswire.com/news/home/20260219851364/en/ Destin de Balmain (Photo Credit: Balmain Beauty) THE STORY: LIVE YOUR DESTINY Destin de Balmain is destiny you hold in your hands, a journey of optimism and infinite possibilities. The refillable fragrance unites those who express themselves without rules or expectations. Inspired by the Parisian House’s savoir-faire and modern pulse, the daring fragrance celebrates choosing your path and living your destiny. “Destin de Balmain features a joyful, optimistic spark of ripe strawberry,” said Quentin Bisch, Perfumer. “The fruit’s juicy vivacity brings bright, elevated sweetness to the composition. Notes of peony further convey the f

SOLUM and EWQ Announce Strategic Partnership Expansion at EuroShop to Advance Integrated In-Store Digital Communication20.2.2026 08:00:00 CET | Press release

SOLUM (KOSPI: 248070), a global retail solutions provider, and EWQ, a leading retail infrastructure innovator, have announced the expansion of their strategic partnership to accelerate integrated in-store digital communication. Building on their existing collaboration, the two companies will deepen technology integration and commercial cooperation to deliver a unified platform connecting Electronic Shelf Labels (ESL), large-format E-Paper displays, and digital signage. This press release features multimedia. View the full release here: https://www.businesswire.com/news/home/20260219422813/en/ ScanToPair enables seamless pairing of products and digital signage through simple barcode scanning, automatically synchronizing product and pricing information. (Image: SOLUM) A central focus of the expanded partnership is the integration of EWQ’s ScanToPair solution with SOLUM’s Newton ESL and digital signage. ScanToPair enables seamless pairing of products and digital signage through simple bar

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