Editor's Note :

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The Supreme Court will release orders from the March 22 conference on Monday at 9:30 a.m. There is a possibility of opinions on Tuesday and Wednesday.
On Monday the Supreme Court hears oral argument in PDR Network, LLC v. Carlton & Harris Chiropractic Inc.; Christopher Walker has our preview.
On Monday the Supreme Court also hears oral argument in The Dutra Group v. Batterton; Joel Goldstein has our preview.

Costco v. Omega

Docket No. Op. Below Argument Opinion Vote Author Term
08-1423 9th Cir. Nov 8, 2010
Tr.Aud.
Dec 13, 2010 4-4 Aff'd by a divided Court OT 2010

Holding: An equally divided Court affirmed the Ninth Circuit's holding that the first sale doctrine applies only to copyrighted items that are made and distributed in the United States. (Kagan, J. recused).

Plain English Holding: An equally divided Court affirmed the Ninth Circuit's holding that the "first sale' doctrine applies only to copyrighted items that are made and distributed in the United States. The Court's order establishes no precedent. (Kagan, J., recused)

Judgment: Affirmed by an equally divided Court on December 13, 2010. (Kagan, J., recused).

SCOTUSblog Coverage

Briefs and Documents

Merits Briefs

Amicus Briefs

Certiorari-Stage Documents

  • Petition for certiorari (unavailable)
  • Brief in opposition (unavailable)
  • Petitioner’s reply (unavailable)
  • Supplemental brief for petitioner (unavailable)
  • Amicus brief of Public Citizen (unavailable)
  • Amicus brief of Public Knowledge Electronic Frontier Education (unavailable)
  • Amicus brief of the Retail Industry Leaders Association et al. (unavailable)
  • Amicus brief of eBay (unavailable)
  • Amicus brief of the Entertainment Merchants Association et al. (unavailable)
  • Brief for the United States as amicus curiae
  • Reply brief for petitioner in response to United States amicus brief (unavailable)
 
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