medmix Provides Update in German Patent Infringement Lawsuit Against Kettenbach/Xinial Dental Mixing System

medmix Provides Update in German Patent Infringement Lawsuit Against Kettenbach/Xinial Dental Mixing System. Image credit: © medmix

In a significant legal triumph, medmix Switzerland Ltd. has emerged victorious in the German patent infringement case against the Kettenbach/Xinial dental mixing system. The Düsseldorf Higher Regional Court (OLG Düsseldorf) announced on February 1, 2024, that the Kettenbach/Xinial dental mixing system has been found to infringe the German segment of medmix's European Patent EP2485852B1 (docket no.: I-15 U 17/23), according to a press release from medmix.

The German patent infringement judgment, now provisionally enforceable, includes an immediate injunction preventing Kettenbach/Xinial from manufacturing the infringing dental mixing system (cartridges and mixing tips) in Germany. The injunction also bars the offering and sale of the infringing system within or from Germany. Consequently, the ruling extends beyond the domestic market, restricting Kettenbach and Xinial from manufacturing the infringing system not only for local customers but also for international export.

As outlined in the German judgment, Kettenbach/Xinial is obligated to provide a detailed account of the infringing acts, recall the infringing dental mixing system from all German and international commercial customers, and destroy these infringing products in their possession. The court has further mandated Kettenbach/Xinial to compensate medmix for the infringements. Despite the non-permission of an appeal on points of law by the Düsseldorf court, Kettenbach/Xinial has filed a complaint against the denial of leave to appeal ("non-admission complaint").

Simultaneously, medmix has initiated legal proceedings in New York against the Kettenbach/Xinial dental mixing system. The trial for the New York case is expected to commence in early 2025, said to be focused on false advertising claims made by Kettenbach and trademark infringement committed by Kettenbach/Xinial. Additionally, Xinial has filed a separate invalidity case at the USPTO against medmix's US patent. In response, medmix has filed an appeal challenging the decision in the US invalidity case.

medmix Switzerland Ltd. operates globally in the dental industry, specializing in static mixing tips, cartridges, and dispensing devices. Authentic MIXPAC tips bear the distinctive MIXPAC™ name stamped on the retaining ring and the CANDY COLOR Quality Seal, per the press release.