After the end of the expertise, SARIN filed an appeal against the judgment ordering the expertise. In a judgment of 12 February 2012, the Antwerp Court of appeal 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 some aspects other than technical. OGI filed an appeal before the Belgian Supreme Court against this decision.
In its judgment of 6 March 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 SARIN's patent.
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