Sulzer: Counterfeiters and Patent Infringers at the IDS 2017 – Sulzer Mixpac Continues to Enforce Its Rights

HAAG, Switzerland & COLOGNE, Germany–(BUSINESS WIRE)–#IDS–Sulzer Mixpac Ltd (SULZER) operates globally in the field of static
mixing tips, cartridges and dispensing devices for the dental sector. In
recent times, substantially identical copies of the static mixing tips
for two-component cartridges and syringes have increasingly been
discovered. These copies by other manufacturers are not subject to
SULZER's strict quality controls and are therefore not covered by its
warranty. In the interests of its clients, SULZER will continue to take
legal steps against all such copies.

With its ruling back in 2010, the Cologne District Court decided many
years ago that the mixing tips forming the basis of our complaint
represent unfair copies of the mixing tips of Sulzer Mixpac Ltd. and
result in an avoidable deception with respect to the commercial origin
(Court ref.: 33 O 306/09). This decision was also then confirmed in the
second instance by the Cologne Higher Regional Court with its 2011
ruling (Court ref.: 6 U 189/10).

SULZER has continued to successfully enforce these rights over the years
in many dozens of court actions against, or out-of-court settlements
with, slavish imitators of its mixing tips as well as to successfully
enforce its patent, trademark or other IP rights against certain
infringing colored mixing tips in many countries, such as Germany,
Japan, the US and the UK.

Despite these measures, in the years 2016/2017 further unfair slavish
copies of the mixing tips and/or patent-infringing mixing tips were
discovered and action was taken, for example, in Germany. Shortly before
the IDS 2017, several distributors of mixing tips infringing EP0885651
in Germany were stopped by accepted court decisions or out-of-court
settlements. In addition, patent infringement actions were filed at the
Dusseldorf District Court against three Korean suppliers of mixing tips
infringing EP0885651 who were offering them at the IDS 2017, B&E Korea
Co., Han Dae Chemical, and HDI Inc. All three infringers have now
accepted the preliminary injunctions as a final binding decision. In
addition, the Korean manufacturer of these patent-infringing mixing
tips, Seil Global, has agreed to respect SULZER’s rights worldwide for
all members of the patent family for their remaining lifetimes.

In addition, a total of eleven preliminary injunctions due to unfair
competition were obtained from the Cologne District Court against
various providers of slavish copies of SULZER’s mixing tips during the
IDS 2017 by which inter alia the offering, advertising and marketing of
these copied mixing tips for the dental sector were prohibited.
Furthermore a preliminary injunction from the Dusseldorf District Court
was served at the IDS 2017 on an exhibitor offering dynamic mixers
infringing SULZER’s European patent, EP1943012.

We recommend that you will continue to take great care to ensure that
you actually do receive the original mixing tips from Sulzer Mixpac. We
can only guarantee the proven high MIXPACTM quality for
original MIXPAC dental products made exclusively by SULZER at its
automated clean room factory in Switzerland where strict quality
control, close tolerances and rigid cleanliness standards produce mixing
tips of the highest quality, safety and reliability.

Sulzer’s innovative T-Mixer™ that offers superior mixing performance
with less waste is becoming the preferred choice for mixing tips.

MIXPAC mixing tips are the industry leader for 2-component static mixing
solutions for dental applications. The mixing tips have a Dome shape and
CANDY COLORS™ (yellow, teal, blue, pink, purple and brown) registered as
trademarks in several countries used with a materials cartridge. The
MIXPAC system is also protected by European, U.S. and other national
patents. MIXPAC dental products are made exclusively by Sulzer at its
automated clean room factory in Switzerland where strict quality
control, close tolerances and rigid cleanliness standards produce mixing
tips of the highest quality, safety and reliability.

Sulzer is committed to protecting its products. Genuine MIXPAC tips can
be identified by the MIXPAC™ name stamped on the retaining ring and the
CANDY COLOR Quality Seal.

ABOUT SULZER MIXPAC

With more than 850 employees, Sulzer Mixpac Ltd. is a world leading
manufacturer and supplier of cartridge-based metering, mixing and
dispensing systems and disposable mixers for reactive multi-component
materials.

As part of the Sulzer group, Sulzer Mixpac Ltd. can draw on a strong
international network. The head office is located in Switzerland. For
optimal service to its customers, subsidiaries are located in the U.S.,
UK and China.

MIXPAC™ – is a registered trademark of Sulzer Mixpac Ltd., Switzerland.

T-MIXERTM – is a registered trademark of Sulzer Mixpac Ltd.,
Switzerland.

CANDY COLORSTM – is a registered trademark of Sulzer Mixpac
Ltd., Switzerland.

Go
to Press Kit

Contacts

Contact
Sulzer Mixpac Ltd
Gerald Fleisch
Head of
Marketing
Tel: +41 (0)81 772 2164
[email protected]