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PENTAGEN TECHNOLOGIES INTERN. LTD. v. U.S.

No. 98-5133.

175 F.3d 1003 (1999)

PENTAGEN TECHNOLOGIES INTERNATIONAL LIMITED, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

May 3, 1999.

Attorney(s) appearing for the Case

Joel Z. Robinson, New York, New York, argued for plaintiff-appellant.

Ken B. Barrett, Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, Washington, DC, argued for defendant-appellee. On the brief were Vito J. DiPietro, Director and Thomas J. Byrnes, Attorney.

Before MAYER, Chief Judge, FRIEDMAN, Senior Circuit Judge, and SCHALL, Circuit Judge.

FRIEDMAN, Senior Circuit Judge.

Pentagen Technologies International Limited (Pentagen) challenges the Court of Federal Claims' dismissal of its suit against the United States seeking damages for copyright infringement. The court held that because the single act of alleged infringement occurred more than five years before the complaint was filed, recovery was precluded under 28 U.S.C. § 1498(b) — which bars recovery for any copyright infringement by the...

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