United States Federal Circuit

28 U.S.C. section 1498(b), which governs copyright infringement suits against the federal government, does not authorize this suit by a federal prisoner seeking to recover for the government's use of desk-blotter calendars he created as part of his assigned duties in prison. Plaintiff was "in the service of the United States" when he developed and produced the calendar at a government facility, using government-furnished computers, under the supervision of government employees, in exchange for modest compensation.

Appellate Information

• Decided 01/08/2009
• Published 01/08/2009

Judges

• FRIEDMAN, Circuit Judge., Before SCHALL, FRIEDMAN, and BRYSON, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Scott C. Weidenfeller, Covington & Burling LLP, of Washington, DC, argued for plaintiff-appellant.   With him on the brief were Richard L. Rainey and Sarah L. Wilson.


• For Appellees:
  
• Robert G. Hilton, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee.   With him on the brief were Gregory G. Katsas, Assistant Attorney General, John Fargo, Director, and Gary L. Hausken, Assistant Director.