Home -> Law Blog Directory -> Intellectual Property Law Blogs -> FileWrapper
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Intellectual Property Law
: FileWrapperUnited States did not waive immunity for copyright infringement claim brought by prisoner
By McKee, Voorhees & Sease, P.L.C.
In a recent decision, the Federal Circuit held the Court of Federal Claims correctly dismissed a copyright infringement suit against the United States for lack of subject matter jurisdiction. The plaintiff is a federal prisoner who created various coyprightable works while in federal prison. He brought suit alleging copyright infringement after his works were distributed by Federal Prison Industries.
The Court of Federal Claims dismissed the case for lack of subject matter jurisdiciton, holding the government had not waived its sovereign immunity from suit in this context. The Federal Circuit affirmed, holding that because the calendars were created using government-furnished computers while the prisoner was in the "service" of the United States, sovereign immunity had not been waived under 28 U.S.C. § 1498(b). As a result, the Court of Federal Claims correctly held it lacked jurisdiction to hear the case.
More detail of Walton v. United States after the jump.
[More]
Full post as published by FileWrapper on February 05, 2009 (boomark / email).
Copyright Lawsuits: Critical Issues Before Filing Copyright
Federa Rule 11(b) Considerations
Ladder Accident Injury Claims
Were you or a loved one injured in a ladder accident?
Spike Lee and Showtime
Settlement reached in script copyright infringement lawsuit.
Joke Book
Judy Brown and publishers pay undisclosed settlement to comedians and talkshow celebrities for copyright infringement.
ASMP and Other Visual Artists File Class Action Lawsuit Against Google
Google Faces Class Action for Copyright Infringement
Recall of TYLENOL 8 Hour Caplets 50 Count Sold in The United States and Puerto Rico
TYLENOL 8 Hour Caplets 50 Count One Lot Recalled in US and Puerto Rico
United Airlines Discriminates Against Blind Passengers
United Airlines Discriminates Against Blind Passengers
Michigan
Settles Female Prisoner Sexual Abuse Lawsuit for $100 Million

BOARD OF TRUSTEES OF the CALIFORNIA STATE UNIVERSITY SYSTEM, et. al. CASE
Judge Allows Copyright Infringement Suit To Proceed Against State Employee
How to File a Copyright Suit Without a Copyright Registration
Tyler Perry Wins Copyright Infringement Suit








