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JOHN WILEY & SONS, INC. v. KIRTSAENG

Docket No. 09-4896-cv.

713 F.3d 1142 (2013)

JOHN WILEY & SONS, INC., Plaintiff-Appellee, v. Supap KIRTSAENG, doing business as Bluechristine99, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: April 23, 2013.

Attorney(s) appearing for the Case

William Dunnegan (Laura Scileppi, on the brief), Dunnegan LLC, New York, NY, for plaintiff-appellee.

Sam P. Israel, New York, NY, for defendant-appellant.

John T. Mitchell, Interaction Law, Washington, DC, for amici curiae Entertainment Merchants Association and National Association of Recording Merchandisers.

Norman H. Levin (Aaron J. Moss, on the brief), Greenberg Glusker Fields Claman & Machtinger LLP, Los Angeles, CA, for amicus curiae Costco Wholesale Corporation.

Charles A. Weiss, Kenyon & Kenyon LLP (Mark A. Abate, Goodwin Proctor LLP, on the brief), New York, NY, for amicus curiae New York Intellectual Property Law Association.

Before: CABRANES and KATZMANN, Circuit Judges, and MURTHA, District Judge.

PER CURIAM:

This case returns to us on remand from the Supreme Court of the United States, which reversed our prior decision by holding that the "first sale" doctrine, see 17 U.S.C. § 109(a), provides a defense against a copyright infringement claim based on unauthorized resale "where, as here, copies are manufactured abroad with the permission of the copyright owner." Kirtsaeng v. John Wiley & Sons, Inc., ___ U.S. ___, 133 S...

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