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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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