medmix has won a major victory in the German patent infringement litigation against the Kettenbach/Xinial dental mixing system. The Düsseldorf Higher Regional Court (OLG Düsseldorf) announced on February 1, 2024, in an appeal judgment, that the Kettenbach/Xinial dental mixing system infringes the German part of medmix’s European Patent EP2485852B1 (docket no.: I-15 U 17/23). This judgment is a milestone in the patent dispute which started after the launch of the Kettenbach/Xinial dental mixing system in 2021.
German Injunction – Enforceable Now
The German patent infringement judgment rendered against Kettenbach GmbH & Co. KG and XINIAL Systems GmbH & Co. KG is provisionally enforceable now and provides for an immediate injunction prohibiting Kettenbach/Xinial from manufacturing in Germany the infringing dental mixing system (cartridges and mixing tips) and from offering and selling the infringing system in or from Germany. Therefore, Kettenbach and Xinial are also unable to manufacture the infringing mixing system in Germany not only for local customers but also for export to international customers in other countries.
According to the German judgment announced on February 1st, Kettenbach/Xinial must also render a detailed accounting of the infringing acts, must recall the infringing dental mixing system from all of its German and international commercial customers, and Kettenbach/Xinial must also destroy these infringing products in their possession. The court further ordered Kettenbach/Xinial to pay damages for these infringements. An appeal on points of law was not permitted by the Düsseldorf court. However, Kettenbach/Xinial appealed by filing a complaint against denial by the Court of leave to appeal (“non- admission complaint”).
The validity of medmix’s European Patent EP2485852B1 was already confirmed to-date by the European Patent Office (EPO) in opposition and in appeal, and by judgment of the German Federal Patent Court (BPatG). The latter judgment is under appeal by Xinial.
US Case – Ongoing
medmix also filed a lawsuit in New York against the Kettenbach/Xinial dental mixing system. The New York case is expected to go to trial in early 2025 to address false advertising claims made by Kettenbach and trademark infringement committed by Kettenbach/Xinial. Xinial filed a separate invalidity case at the USPTO against medmix’s US patent. medmix has filed an appeal of the US invalidity case decision.
medmix Switzerland Ltd. operates globally in the field of static mixing tips, cartridges and dispensing devices for the dental sector. Genuine MIXPAC tips can be identified by the MIXPAC name stamped on the retaining ring and the CANDY COLOR Quality Seal.
About medmix
medmix is a global leader in high-precision delivery devices. We occupy leading positions in the healthcare, consumer, and industrial end-markets. Our customers benefit from a dedication to innovation and technological advancement that has resulted in over 900 active patents. Our 14 production sites worldwide together with our highly motivated and experienced team of around 2,700 employees provide our customers with uncompromising quality, proximity, and agility. medmix is headquartered in Baar, Switzerland.
Our shares are traded on the SIX Swiss Exchange (SIX: MEDX). For more information, visit www.medmix.swiss.
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