WILLIAMS & WILKINS COMPANY v. UNITED STATES

No. 73-68.

487 F.2d 1345 (1973)

The WILLIAMS & WILKINS COMPANY v. The UNITED STATES.

United States Court of Claims.

November 27, 1973.


Attorney(s) appearing for the Case

Alan Latman, New York City, attorney of record, for plaintiff. Arthur J. Greenbaum and Cowan, Liebowitz & Latman, New York City, of counsel.

Thomas J. Byrnes, Washington, D. C., with whom was Asst. Atty. Gen. Harlington Wood, Jr., for defendant.

Irwin Karp, New York City, for The Authors League of America, Inc., amicus curiae.

Philip B. Brown, Washington, D. C., for the Assn. of Research Libraries, Medical Library Assn., American Assn. of Law Libraries, American Medical Assn., American Dental Assn., Mayo Foundation, Robert H. Ebert, M.D. (in his capacity as Dean of the Faculty of Medicine, Harvard University), The University of Michigan Medical School, The University of Rochester, School of Medicine and Dentistry, American Sociological Assn., Modern Language Assn. of America, and History of Science Society, amici curiae. Cox, Langford & Brown and John P. Furman, Washington, D. C., of counsel.

Harry N. Rosenfield, Washington, D. C., for The National Education Assn. of the United States, amicus curiae.

William D. North, Chicago, Ill., for the American Library Assn., amicus curiae. Perry S. Patterson, Washington, D. C., Ronald L. Engel, James M. Amend, John A. Waters, Chicago, Ill., Thomas B. Carr, Washington, D. C., and Kirkland & Ellis, Chicago, Ill., of counsel.

Charles H. Lieb, New York City, for the Assn. of American Publishers, Inc. and The Assn. of American University Presses, Incorporated, amici curiae. Paskus, Gordon & Hyman, New York City, and Elizabeth Barad, New York City, of counsel.

Arthur B. Hanson, Washington, D. C., for The American Chemical Society, amicus curiae. Hanson, O'Brien, Birney, Stickle & Butler, Washington, D. C., of counsel.

Davies, Hardy, Ives & Lawther, New York City, for The American Institute of Physics Incorporated, amicus curiae. Robert E. Lawther, New York City, of counsel.

Robert B. Washburn, Virgil E. Woodcock, and Woodcock, Washburn, Kurtz & Mackiewicz, Philadelphia, Pa., for American Society for Testing and Materials and National Council of Teachers of Mathematics, amici curiae.

Before COWEN, Chief Judge, and DAVIS, SKELTON, NICHOLS, KASHIWA, KUNZIG and BENNETT, Judges.


OPINION

DAVIS, Judge:

We confront a ground-breaking copyright infringement action under 28 U.S.C. § 1498(b), the statute consenting to infringement suits against the United States.1 Plaintiff Williams & Wilkins Company, a medical publisher, charges that the Department of Health, Education, and Welfare, through the National Institutes of Health (NIH) and the National Library...

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