Applied Biochemists, Inc. v. a & V, INC.

DECISION

MYRON L. GORDON, District Judge.

The defendants in this patent infringement action manufacture and market algaecides which are alleged to be identical to the plaintiffs’ patented products, Cutrine and Swimtrine. The patent here in question, 2,734,028, expires February 8, 1973. It is these facts which have provoked the defendants’ motions which will be resolved in this decision.

The defendants note that algaecides have their greatest consumer use during the summer months of the year and that manufacturers often offer incentive programs to dealers and distributors which are directed at…