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KIRTSAENG v. JOHN WILEY & SONS, INC.

Docket No.: 11-697
Certiorari Granted: Apr 16 2012
Argued: October 29, 2012
Decided: March 19, 2013

Topics:

Bankruptcy, Bankruptcy Code, IPO, Sherman Act, antitrust, copyright, property rights, rule of reason, stare decisis, trademark

PartyNames: Supap Kirtsaeng, dba Bluechristine99 v. John Wiley & Sons, Inc.
Petitioner: Supap Kirtsaeng, dba Bluechristine99
Respondent: John Wiley & Sons, Inc.

Court Below: United States Court of Appeals for the Second Circuit
Citation: 654 F.3d 210
Supreme Court Docket
Supreme Court Observer Blog Post for KIRTSAENG v. JOHN WILEY & SONS, INC.

Supap Kirtsaeng, dba Bluechristine99
v.
John Wiley & Sons, Inc.
Question Presented:

This case presents the issue that recently divided this Court, 4-4, in Costco Wholesale Corp. v. Omega, S.A., 131 S. Ct. 565 (2010). Under § 602(a)(1) of the Copyright Act, it is impermissible to import a work "without the authority of the owner" of the copyright. But the first-sale doctrine, codified at § 109(a), allows the owner of a copy "lawfully made under this title" to sell or otherwise dispose of the copy without the copyright owner's permission. The question presented is how these provisions apply to a copy that was made and legally acquired abroad and then imported into the United States. Can such a foreign-made product never be resold within the United States without the copyright owner's permission, as the Second Circuit held in this case? Can such a foreign-made product sometimes be resold within the United States without permission, but only after the owner approves an earlier sale in this country, as the Ninth Circuit held in Costco? Or can such a product always be resold without permission within the United States, so long as the copyright owner authorized the first sale abroad, as the Third Circuit has indicated?

KIRTSAENG v. JOHN WILEY & SONS, INC.
ORAL ARGUMENT

October 29, 2012

Listen to Oral Argument in KIRTSAENG v. JOHN WILEY & SONS, INC.
Holding: REVERSED AND REMANDED
Vote: 7-2
For more coverage on KIRTSAENG v. JOHN WILEY & SONS, INC. please see our blog posting.

KIRTSAENG v. JOHN WILEY & SONS, INC.
Case Documents

1Petitioner's Brief (PDF)
2BRIEF OF 25 INTELLECTUAL PROPERTY LAW PROFESSORS AS AMICI CURIAE IN SUPPORT OF PETITIONER
3BRIEF OF ASSOCIATION OF SERVICEAND COMPUTER DEALERS INTERNATIONAL, INC. AS AMICUS CURIAE IN SUPPORT OF PETITIONER
4BRIEF AMICI CURIAE OF RETAIL LITIGATION CENTER, INC., NATIONAL ASSOCIATION OF CHAIN DRUG STORES, AMERICAN FREE TRADE ASSOCIATION, INTERNATIONAL IMAGING TECHNOLOGY COUNCIL, AND QUALITY KING DISTRIBUTORS, INC., IN SUPPORT OF THE PETITIONER
5BRIEF OF AMICI CURIAE POWELL'S BOOKS INC., STRAND BOOK STORE, INC., HALF PRICE BOOKS, RECORDS, MAGAZINES, INC., AND HARVARD BOOK STORE INC. IN SUPPORT OF PETITIONER
6BRIEF OF THE ASSOCIATION OF ART MUSEUM DIRECTORS, THE ART INSTITUTE OF CHICAGO, THE J. PAUL GETTY TRUST, MUSEUM ASSOCIATES DBA LOS ANGELES COUNTY MUSEUM OF ART, THE MUSEUM OF MODERN ART, THE SAN FRANCISCO MUSEUM OF MODERN ART, THE SOLOMON R. GUGGENHEIM FOUNDATION, THE WHITNEY MUSEUM OF AMERICAN ART, ET AL. AS AMICI CURIAE IN SUPPORT OF PETITIONER
7BRIEF FOR GOODWILL INDUSTRIES INTERNATIONAL, INC. AS AMICUS CURIAE IN SUPPORT OF PETITIONER
8BRIEF OF AMICUS CURIAE COSTCO WHOLESALE CORPORATION IN SUPPORT OF PETITIONER
9BRIEF OF AMICI CURIAE ENTERTAINMENT MERCHANTS ASSOCIATION AND NATIONAL ASSOCIATION OF RECORDING MERCHANDISERS IN SUPPORT OF PETITIONER
10BRIEF OF AMICI CURIAE THE AMERICAN LIBRARY ASSOCIATION, THE ASSOCIATION OF COLLEGE AND RESEARCH LIBRARIES, AND THE ASSOCIATION OF RESEARCH LIBRARIES IN SUPPORT OF PETITIONER
11ETCHOICE, AND TECHAMERICA AS AMICI CURIAE IN SUPPORT OF PETITIONER
12BRIEF OF AMICI CURIAE PUBLIC KNOWLEDGE, ELECTRONIC FRONTIER FOUNDATION, AMERICAN ASSOCIATION OF LAW LIBRARIES, SPECIAL LIBRARIES ASSOCIATION, AND U.S. PUBLIC INTEREST RESEARCH GROUP IN SUPPORT OF PETITIONER
13BRIEF FOR RESPONDENT
14BRIEF FOR THE UNITED STATES AS AMICUS CURIAE SUPPORTING RESPONDENT
15BRIEF OF OMEGA S.A. AS AMICUS CURIAE IN SUPPORT OF RESPONDENT
16BRIEF OF AMICUS CURIAE KNOWLEDGE ECOLOGY INTERNATIONAL IN SUPPORT OF NEITHER PARTY
17BRIEF OF AMICUS CURIAE INTELLECTUAL PROPERTY OWNERS ASSOCIATION IN SUPPORT OF NEITHER PARTY
18KIRTSAENG v. JOHN WILEY & SONS, INC. Oral Argument Transcript (PDF)
19KIRTSAENG v. JOHN WILEY & SONS, INC. Oral Argument Audio
20Slip Opinion in KIRTSAENG v. JOHN WILEY & SONS, INC. (Opinion by Justice Stephen G. Breyer)