Fairway Construction Co. v. Allstate Modernization, Inc.

Plaintiff-appellant perfected this appeal from an order entered by the district court granting defendant-appellee’s motion for summary judgment, and ap-pellee perfected a cross-appeal from an order denying its motion for an award of attorneys’ fees against appellant.

The litigants herein are home improvement contractors operating in the Detroit, Michigan, area. In November of 1971 appellant instituted this action alleging that appellee’s construction of second story dormers in existing single story dwellings infringed appellant’s United States Patent No. 3,089,201. The patent was issued on May…