989 F.3d 938 (2021)

BITMANAGEMENT SOFTWARE GMBH, Plaintiff-Appellant v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: February 25, 2021.

Attorney(s) appearing for the Case

Adam Raviv , Wilmer Cutler Pickering Hale and Dorr LLP, Washington, DC, argued for plaintiff-appellant. Also represented by Brent Gurney ; Mark Christopher Fleming , Boston, MA.

Scott David Bolden , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for defendant-appellee. Also represented by Jeffrey B. Clark , Gary Lee Hausken , Patrick C. Holvey ; Richard James Huber , Office of General Counsel, United States Department of the Navy, Washington Navy Yard, DC; Andrew Paul Zager , United States Navy, Alexandria, VA.

Concurring opinion filed by Circuit Judge Newman.

In 2013, the United States Navy ("Navy"), through the Naval Facilities Engineering Command ("NAVFAC"), copied BS Contact Geo version 8.001, copyrighted graphics-rendering software created by German company Bitmanagement Software GmbH ("Bitmanagement"), onto all computers in the Navy Marine Corps Intranet. No express contract...

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