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BLUEPORT CO., LLC v. U.S.

No. 2007-5140.

533 F.3d 1374 (2008)

BLUEPORT COMPANY, LLC, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

July 25, 2008.

Attorney(s) appearing for the Case

Kurt M. Rylander, Rylander & Associates, PC, of Vancouver, WA, argued for plaintiff-appellant.

Scott Bolden, Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief were Jeffrey S. Bucholtz, Acting Assistant Attorney General, and John J. Fargo, Director.

Before MICHEL, Chief Judge, CLEVENGER, Senior Circuit Judge, and GAJARSA, Circuit Judge.

GAJARSA, Circuit Judge.

This is an action brought by Blueport Co. ("Blueport") against the United States for copyright infringement and violations of the Digital Millennium Copyright Act of 1998 ("DMCA"), Pub.L. No. 105-304, 112 Stat. 2860 (Oct. 28, 1998), codified at 17 U.S.C. § 1201, et seq. The Court of Federal Claims ("CFC") dismissed Blueport's claims for lack of jurisdiction on the ground that the Government has not waived sovereign immunity for any of...

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