Pentagen Technologies International Limited v. United States

FRIEDMAN, Senior Circuit Judge.

Pentagen Technologies International Limited (Pentagen) challenges the Court of Federal Claims’ dismissal of its suit against the United States seeking damages for copyright infringement. The court held that because the single act of alleged infringement occurred more than five years before the complaint was filed, recovery was precluded under 28 U.S.C. § 1498(b) - which bars recovery for any copyright infringement by the government committed more than three years before the filing of the complaint - and that the complaint therefore failed to state a claim upon…