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GAYLORD v. U.S.

No. 2011-5097.

678 F.3d 1339 (2012)

Frank GAYLORD, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

May 14, 2012.

Attorney(s) appearing for the Case

Frank P. Porcelli , Fish & Richardson, P.C., of Boston, MA, argued for plaintiff-appellant. With him on the brief was Heidi E. Harvey .

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 Tony West , Assistant Attorney General, and John J. Fargo , Director. Of counsel on the brief were Gary L. Hausken , Assistant Director, David C. Belt , and Michael F. Kiely , United States Postal Service, of Washington, DC.

Before BRYSON, MAYER and MOORE, Circuit Judges.

MOORE, Circuit Judge.

Frank Gaylord appeals from the judgment of the Court of Federal Claims awarding him $5,000 for the United States Postal Service's copyright infringement of his statutes. Because the trial court incorrectly limited Mr. Gaylord's damages to the Postal Service's highest past license payment and denied prejudgment interest, we vacate and remand for a determination of the market value of the Postal Service's infringing use and an award of prejudgment...

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