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WALTON v. U.S.

No. 2008-5057.

551 F.3d 1367 (2009)

Robert James WALTON, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

January 8, 2009.

Attorney(s) appearing for the Case

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.

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.

Before SCHALL, FRIEDMAN, and BRYSON, Circuit Judges.

FRIEDMAN, Circuit Judge.

A federal prisoner seeks to recover from the United States for copyright infringement involving the government's use of calendars he created as part of his assigned duties in prison. We hold that 28 U.S.C. § 1498(b) (2008), the statute governing copyright infringement suits against the federal government, does not authorize his suit. We therefore affirm the judgment of the Court of Federal Claims that dismissed his complaint.

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