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

Galderma Signs Agreement to Acquire ZO Skin Health, Strengthening Its Physician-Dispensed Skincare Offering14.10.2026 07:00:00 CEST | Press release

Ad hoc announcement pursuant to Art. 53 LR Acquisition brings together two highly complementary, science-backed skincare brands ZO Skin Health’s premium daily multi-step regimens complement Alastin’s regenerative skincare portfolio primarily focused on peri-procedure support Transaction expands Galderma’s Dermatological Skincare portfolio and offering in the attractive, fast-growing physician-dispensed skincare segment1 Galderma’s unique Integrated Dermatology Strategy, global scale and omni-channel execution capabilities expected to support ZO Skin Health’s next phase of growth Acquisition of 100% of ZO Skin Health for an enterprise value of 1.5 billion USD, expected to be Core EPS neutral in the first full year following closing Galderma (SIX: GALD) today announced that it has signed an agreement to acquire ZO® Skin Health, a leading physician-dispensed skincare brand built on clinical science and protocol-based daily care, from its shareholders, including funds managed by Blackstone

Pretium Expands Middle East Presence with Abu Dhabi Office14.10.2026 06:02:00 CEST | Press release

Office will enable Pretium to engage more directly with institutional partners across the Middle East Pretium, a specialized investment firm with approximately $70 billion in assets under management1, today announced the opening of an office in Abu Dhabi. The office will operate within Abu Dhabi Global Market (“ADGM”), the international financial center of Abu Dhabi, providing proximity to some of the world’s leading institutional investors. The Abu Dhabi office marks an important step in the continued evolution of Pretium’s business. From its roots in U.S. residential real estate, Pretium has built a scaled investment platform spanning real estate equity and credit. A dedicated presence in Abu Dhabi will enhance the Firm’s connections to clients in the region as it continues to develop new investment solutions. “Abu Dhabi is home to some of the world’s most sophisticated and forward-looking institutional investors,” said Don Mullen, Founder and CEO of Pretium. “An on-the-ground presen

IFF to Release Third Quarter 2026 Results on November 3, 202613.10.2026 22:15:00 CEST | Press release

IFF (NYSE: IFF) today announced that it will release its third quarter 2026 earnings results following the market close on Tuesday, November 3, 2026. The management team will host a live webcast on Wednesday, November 4, 2026, at 9:00 a.m. ET to discuss results and outlook with the investor community. Investors may access the live webcast and accompanying slide presentation on the company's website at ir.iff.com. For those unable to listen to the live webcast, a recorded version will be made available for replay. Welcome to IFF At IFF (NYSE: IFF), we make joy through science, creativity and heart. As the global leader in taste, scent, and health and biosciences, we’re innovating for the future. Every day, we deliver groundbreaking, sustainable solutions that elevate products people love — advancing wellness, delighting the senses and enhancing the human experience. Learn more at iff.com, LinkedIn, Instagram and Facebook. View source version on businesswire.com: https://www.businesswire

Industry Leaders Formally Launch SCMP OCP Workstream for Open, Secure AI Infrastructure Management and Control13.10.2026 19:15:00 CEST | Press release

Lattice Semiconductor (NASDAQ: LSCC), the low power programmable and platform firmware leader, and AMI, a Lattice company, today announced SCMP (Secure Control and Management Plane), a new Open Compute Project workstream. Announced during a joint keynote at the 2026 OCP Global Summit, SCMP is an open, vendor-neutral architecture for secure control, boot, and management of data center infrastructure. It gives data center operators more confidence that complex AI systems will work as expected across vendors and platforms, with less integration risk and more freedom of choice. SCMP defines how a control authority establishes and maintains trust from silicon root of trust through rack and pod, building on existing OCP initiatives and industry standards. “As AI infrastructure scales toward autonomous operation, the management and control plane becomes the foundation of trust. That foundation should be open and verifiable, and SCMP gives the industry a common architecture to achieve it, from

Saudi Fund for Development Announces Progress on Pristina–Mitrovica Highway Project in Kosovo13.10.2026 15:36:00 CEST | Press release

The Saudi Fund for Development (SFD) today joined the Government of Kosovo to inaugurate the Pristina–Mitrovica Highway, marking SFD’s first completed project in Kosovo and an important milestone in the partnership between both sides. This press release features multimedia. View the full release here: https://www.businesswire.com/news/home/20261013433726/en/ SFD CEO and Kosovar's minsters sideline meeting (Photo: AETOSWire) His Excellency Sultan bin Abdulrahman Al-Marshad, Chief Executive Officer of the Saudi Fund for Development, inaugurated the upgraded highway section by cutting the ribbon at the newly completed road. He subsequently held a sideline meetings with His Excellency Hekuran Murati, Minister of Finance, His Excellency Dimal Basha Minister of Infrastructure and Transport, and His Excellency Arben Vitia, Minister of Health, to discuss the development projects and the continued SFD- Kosovo partnership. The project upgrades a 9.87 km section of the Prishtina–Mitrovica Highway

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