The Düsseldorf Higher Regional Court in Germany recently ruled that Kettenbach Dental and Xinial’s dental mixing system infringed on the German segment of medmix’s European patent EP2485852B1, according to a press release from medmix.
The ruling includes an immediate injunction, prohibits the companies from manufacturing, offering, and selling the dental mixing system, which includes cartridges and mixing tips, within or from Germany. Also, Kettenbach and Xinial cannot manufacture the mixing system for international export and is required to provide a thorough account of the infringing acts, recall the system from German and international commercial customers, and destroy any existing systems.
Nevertheless, Kettenbach and Xinial must compensate medmix for the infringements. The amount was not disclosed.
Though the court did not grant Kettenbach permission to appeal on points of law, filed a complaint against the denial of leave to appeal, according to the release.
Additionally, medmix has filed a lawsuit in New York against Kettenback, Xinial, and the mixing system, citing false advertising claims and trademark infringement. The trial is expected to begin in 2025.
Finally, Xinial has filed a separate invalidity case at the U.S. Patent and Trademark Office against medmix's U.S. patent, and medmix filed an appeal, challenging it, according to the release.
