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Press Release: The Belgian Supreme Court ruled against Sarine in the patent case opposing OGI Systems. The patent case has been ongoing in Belgium since 2005 regarding OGI's 3D diamond mapping apparatus (Rough Analyser) and laser marking device. Sarine filed a claim for infringement of its Belgian patent No. BE 1 014 912 and OGI filed a counterclaim for revocation of Sarine's patent. An expert was ordered by the Court of first instance and a panel of three experts was appointed to weigh the case. After a three year long expertise, the court-appointed panel filed an opinion concluding that the technology patented by Sarine was obvious to a man skilled in the art in front of the technology previously developed by OGI (Rough Analyser + Marker). After the end of the expert phase, Sarine filed an appeal against the judgment, and in a judgment of February 12, 2012, the Antwerp Court of appeals declared that the expert opinion, in its entirety, could not be taken into consideration because the scope of the expertise as ordered by the first instance court was defined too broadly and comprised of some aspects other than those that were technical. OGI filed an appeal before the Belgian Supreme Court against this decision. In its judgment of March 6, 2014, the Belgian Supreme Court followed OGI's position and reversed the decision of the Antwerp Court of appeal. The Supreme Court decided that the Court of appeal was not allowed to set aside the "factual statements" and "technical opinions" contained in the expert opinion. The case has now been sent to the Brussels Court of appeal and OGI will use this favorable expert opinion in support of its claim for revocation of Sarine's patent.
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