Introduction
1.‘From waste to value’ is the mission statement of the Claimant (‘BDI’). BDI is an Austrian company which has developed technology to convert waste materials into useful products. One such is biodiesel, a fuel derived from various forms of vegetable or animal fat, including waste oil and grease, which can be used to drive diesel engines. 2.The Defendants are both members of the Hong Kong Swire Group of companies. The First Defendant is registered in England, the Second Defendant in Scotland. I need not distinguish them and will refer to them collectively as ‘Argent’. 3.Beginning in 2004 BDI designed and oversaw the construction of a plant for Argent in Motherwell, North Lanarkshire. Argent assumed control of the plant in July 2005. It makes biodiesel from fats, oils and greases recovered from sewers and grease traps. 4.On 19 June 2014 Argent filed two European Patent Applications, which became EPA 3 011 041 and EPA 3 078 724. They progressed in the joint names of the two Defendants, almost to grant to the extent that B specifications were published and a date for notice of grant was given: 16 August 2017. 5.On 10 August 2017, BDI filed the present claim for declarations that it is entitled to the patents to be granted pursuant to the two EP Applications and to related relief. The European Patent Office (‘the EPO’) stayed the grant process pursuant to rule 14 EPC. 6.On the first day of the trial I was told that these proceedings had settled in relation to EPA 3 078 724. I granted a Tomlin Order. The trial concerned only EPA 3 011 041 (‘the Application’). 7.Richard Davis appeared for BDI, Alan Johnson and Luke Maunder (solicitor advocates) for Argent.