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

PIF Delivers Strong Revenue and Profit Growth in 202517.8.2026 13:54:00 CEST | Press release

Revenue rose 9% to $120 billion while net profit more than doubled to $17 billionCumulative domestic investments reached more than $199 billion since 2021PIF has contributed more than $342 billion to Saudi Arabia’s real non-oil GDP between 2021 and 2025Assets under management exceed $900 billion, up from around $530 in 2021 and $150 billion in 2015 PIF today published its 2025 Annual Report demonstrating strong financial performance and continued progress against its long-term objectives. As a long-term investor with a unique mandate to drive the economic transformation of Saudi Arabia and deliver sustainable financial returns, PIF maintained a diversified portfolio in 2025, balancing returns with national impact and long-term resilience. Maintaining Financial Discipline In 2025, revenue rose 9% year on year to $120 billion, while net profit more than doubled to $17 billion, supported by stronger contributions from maturing portfolio companies. PIF retained over $900 billion in assets

Foundever Successfully Closes a Holistic Recapitalization, Reducing its Debt by Nearly $900 Million and Strengthening its Financial Position for Long-Term Growth17.8.2026 13:30:00 CEST | Press release

Secures $225 Million Equity Infusion; Revolving Credit Facility and Term Loan Maturities ExtendedBenoit Leclercq Appointed Interim Chief Executive Officer to Lead Foundever Through its Next Phase of Growth; Company Begins Formal Search Process for Permanent CEO Foundever Group S.A.® (“Foundever” or the “Company”) – a global leader in integrated customer experience, digital operations and analytics services, today announced that it has successfully closed a holistic recapitalization (the “Transaction”) in coordination with 95.4% of the lenders under its term loan facility (“Term Loan Lenders”), 100% of its revolving credit facility lenders (“RCF Lenders”), and the Company’s existing majority shareholders. The Transaction meaningfully strengthens Foundever’s financial foundation and positions the Company to invest in its growth strategy. Key terms of the Transaction include: Company's existing majority shareholders invest $225 million into common equity. Term loan facility exchange reduc

Uniphore Launches Marketing AI as Marketing Moves Beyond the CDP17.8.2026 13:30:00 CEST | Press release

Digital Twins and custom Small Language Models enable brands to know every customer better, simulate outcomes before spending and predict what’s next Uniphore, the Business AI company, today launched Marketing AI, ushering in a new era of enterprise marketing built on customer intelligence rather than customer data management. Uniphore Marketing AI gives marketers the ability to know every customer better than ever before, predict what each customer is likely to do next and simulate marketing outcomes before committing budget. The system continuously learns from every customer interaction, making its predictions more accurate with every cycle. This press release features multimedia. View the full release here: https://www.businesswire.com/news/home/20260817325069/en/ The Uniphore Marketing AI Flywheel: A Self-Learning System Named a Leader in the 2026 Gartner® Magic Quadrant™ for Customer Data Platforms, Uniphore has helped enterprises bring customer data together while providing sover

Instabase Becomes SuperApp, Launches the AI Collaboration Super App17.8.2026 12:00:00 CEST | Press release

AI was single-player. SuperApp makes it multiplayer Your whole team and leading AI models from Anthropic, OpenAI, Google, xAI, and others think, debate, and create together in one live thread — from the first idea to the final deliverable. Available today. SuperApp, Inc., formerly Instabase, Inc., today launched SuperApp, the AI collaboration super app, available on the web, iOS, Android, and desktop. SuperApp brings teams and leading AI models from Anthropic, OpenAI, Google, xAI, and others into one live thread — from the first conversation to finished work. The company changed its name to reflect the new product and company direction. Work today is split into three. Teams talk in one app. They ask AI in another. They make the final work somewhere else. Every handoff asks people to remember what the software forgot. SuperApp brings those moments together. People and AI begin in the same live thread. Teams can use Claude from Anthropic, GPT from OpenAI, Gemini from Google, Grok from xA

Confluence Launches Confluence POINT, Bringing AI-Enabled Automation Across Its Product Suite.17.8.2026 11:04:00 CEST | Press release

Document validation and intelligence and the Revolution conversational interface are live today; the first in a wave of AI capabilities running within and alongside Confluence’s solutions. Confluence Technologies, Inc. (“Confluence”), a global leader in regulatory, analytics, and investor communications solutions for the investment management industry, today announced the launch of Confluence POINT, AI-enabled automation that optimizes workflows across its solutions. Confluence delivers specialist regulatory, analytics and investor solutions that are unrivalled at what they do. POINT is AI-enabled automation that runs within and alongside these solutions, letting them do more for our clients, reducing manual effort that typically occurs before or after automated processes. POINT Validation transforms and validates documents across a range of formats, including unstructured data. POINT’s AI-powered validation is complete in minutes, delivered via an automated checklist that runs indepen

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