Scots makers of midge killer face legal bite from US rival

The patent war has erupted between the Scottish manufacturer of the Dundee-built Midgeater machine and American BioPhysics, which produces the Mosquito Magnet.

Both say their machines are the best defender against the biting insects - but the US company says it has been researching the technology for more than a decade, placing it years ahead of its Scottish rivals.

The Americans claim they even delivered their version to Dr Alison Blackwell of Edinburgh University, who has since been credited with the development of the Scottish machine.

A spokesman for the Midgeater’s maker, Calor Gas& Texol Technical, admitted that the Scottish manufacturers stripped down and inspected the American model. But the companies say the Mosquito Magnet is designed for the larger mosquito, and insists the Scots-built product is distinct from it - including using a different bait for midges.

"Calor has not breached any patent by marketing the Midgeater," the spokesman said. "The Scottish-made Midgeaters are the only propane-powered insect-catching devices that have been developed with the specific objective of catching menacing Scottish midges that cost the tourism industry millions each year."

The Midgeater has been a success with restaurants, pubs and householders plagued with midges. The manufactures have sold 1,500 of the 1,000 machines, which work by mimicking a large animal, emitting carbon dioxide mixed with a scented bait to fool the midge into thinking it has found a bovine or human meal.

Similarly, the Mosquito Magnet mimics a human by emitting a plume of carbon dioxide, heat and moisture.

The legal battle between the makers of the two devices could take years to resolve, costing the Scottish operation hundreds of thousands of pounds.

Texol’s patent officer, Brian Frame, said that lawyers from both sides had been studying what was at issue.

"What started as a big blanket claim, that everything was their design and therefore their patent, has been scaled down somewhat," he said.

"But we are still fighting over who came up with the technology for midges, and obviously we believe we did."

Alex Quattlebaum, the Inverness-based distributor for the Mosquito Magnet, says the US machines are best, but warns that a big battle is looming. "These American machines are the original and genuine," he said. "American BioPhysics were the first to come up with the technology, and have dominated their home market with a successful machine.

"We’ve sold over a million machines.They [the Scottish manufacturers] have managed just 1,500. The Midgeater is just a rip-off of the original, and we need to protect our worldwide rights in this matter."

Texol’s patent officer said that the markets for mosquito catchers in Europe and Asia were huge, and could secure hundreds of Scottish jobs.

"The midge is a nuisance in Scotland, but its bigger counterparts elsewhere in the world can be a fatal hazard," he said.

"We are conducting trials in places such as Singapore, Italy and Sweden, and expect to arrive at a time when every campsite, hotel and domestic garden will see the Midgeater as a must-have.

"The patent issue will not stop us selling worldwide, but we have to be sure we won’t be sued by competitors."