4DD Holdings, LLC v. United States (Fed. Cir., July 16, 2026) 2024-1996
This episode concerns an opinion from the United States Court of Appeals for the Federal Circuit addressing a copyright infringement dispute between 4DD Holdings and the federal government. While the court agreed that damages should be determined through a hypothetical negotiation rather than strict adherence to previous license rates, it found several errors in how the lower court calculated the award. Specifically, the appellate court ruled that the trial judge improperly used the "book of wisdom" doctrine by considering the government’s eventual cancellation of the project—an unpredictable…
The skinny
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