Wiley – A recent decision by the U.S. Court of Appeals for the Federal Circuit sheds new light on the calculation of “reasonable and entire compensation” under 28 U.S.C. § 1498(b) when the government infringes a copyright by exceeding the scope of a commercial software license. In 4DD Holdings, LLC v. United States, the Federal Circuit affirmed in part and vacated in part a prior U.S. Court of Federal Claims award of $12.7 million to software developer 4DD Holdings, LLC for the government’s infringement of its copyrighted TETRA software..

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