R. Lee Fraser v. City of San Antonio, Texas

COLEMAN, Circuit Judge;

R. Lee Fraser, of Memphis, Tennessee, charged the appellees (defendants below) with contributory infringement of Claim 1 of his Patent, No. 3,260,025, “Method of Constructing, a Building”.

The defendants answered and moved for summary judgment, Rule 56(b) and (c), Federal Rules of Civil Procedure, pleading that the litigation presented no substantial issue of fact and that pursuant to the undisputed facts the patent was neither valid nor infringed.

The District Court agreed that summary judgment was in order and granted the motion, holding that the patent was invalid and,…