medmix Switzerland Ltd. continues to enforce its rights as Kettenbach/Xinial is legally prevented from manufacturing or offering its infringing mixing system for sale in Germany, as well as to recall and destroy its infringing mixing system
German Injunction – Enforceable Now
Baar, Switzerland (March 6, 2024) – 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.
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.
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