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GAYLORD v. U.S.

No. 2014-5020.

777 F.3d 1363 (2015)

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

United States Court of Appeals, Federal Circuit.

February 4, 2015.

Attorney(s) appearing for the Case

Heidi E. Harvey , Fish & Richardson P.C., of Boston, MA, argued for plaintiff-appellee.

Scott Bolden , Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant. With him on the brief were Stuart F. Delery , Assistant Attorney General, and John J. Fargo , Director. Of counsel on the brief were David C. Belt and Michael F. Kiely , Attorney, United States Postal Service, Washington, DC.

Before MOORE, REYNA, and TARANTO, Circuit Judges.

On remand from earlier holdings of this court, the Court of Federal Claims held that ten percent of $5.4 million in revenue (which was almost pure profit) was a reasonable royalty for the United States to pay as damages for its unauthorized use of a distinctive copyrighted work...

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