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Kirtsaeng v. John Wiley & Sons, Inc.

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Docket No. Op. Below Argument Opinion Vote Author Term
11-697 2d Cir. Oct 29, 2012 Mar 19, 2013 6-3 Breyer OT 2012

Holding: The “first sale” doctrine, which allows the owner of a copyrighted work to sell or otherwise dispose of that copy as he wishes, applies to copies of a copyrighted work lawfully made abroad.

Judgment: Reversed and remanded, 6-3, in an opinion by Justice Breyer on March 19, 2013. Justice Kagan filed a concurring opinion in which Justice Alito joined. Justice Ginsburg filed a dissenting opinion in which Justice Kennedy joined, and in which Justice Scalia joined except as to Parts III and V–B–1.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Dec 5 2011Petition for a writ of certiorari filed. (Response due January 6, 2012)
Dec 22 2011Consent to the filing of amicus curiae, briefs in supprt of either party or of neither party, received from counsel for the petitioner.
Dec 28 2011Letter of December 23, 2011, from counsel for petitioner received.
Dec 29 2011Order extending time to file response to petition to and including February 6, 2012.
Jan 5 2012Consent to the filing of amicus briefs, in support of either party or of neither party received from counsel for the respondent.
Jan 5 2012Brief amici curiae of eBay Inc., et al, filed.
Jan 6 2012Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed.
Jan 6 2012Brief amici curiae of Public Knowledge, et al. filed.
Jan 6 2012Brief amicus curiae of Retail Industry Leaders Association, et al.
Feb 2 2012Order further extending time to file response to petition to and including March 5, 2012.
Mar 5 2012Brief of respondent John Wiley & Sons, Inc. in opposition filed. VIDED.
Mar 20 2012Reply of petitioner Supap Kirtsaeng, dba Bluechristine99 filed.
Mar 21 2012DISTRIBUTED for Conference of April 13, 2012.
Apr 16 2012Petition GRANTED.
May 8 2012The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 2, 2012.
May 8 2012The time to file respondent's brief on the merits is extended to and including August 31, 2012.
Jun 18 2012Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent.
Jul 2 2012Joint appendix filed (with supplemental volume). (Statement of costs filed)
Jul 2 2012Brief of petitioner Supap Kirtsaeng, dba Bluechristine99 filed.
Jul 2 2012Brief amicus curiae of Association of Service and Computer Dealers filed.
Jul 3 2012Brief amici curiae of American Library Association, et al. filed.
Jul 9 2012Brief amicus curiae of Costco Wholesale Corporation filed.
Jul 9 2012Brief amicus curiae of Intellectual Property Owners Association in support of neither party filed.
Jul 9 2012Brief amici curiae of Powell's Books Inc., et al. filed.
Jul 9 2012Brief amici curiae of Public Knowledge, et al. filed.
Jul 9 2012Brief amici curiae of eBay Inc., et al, filed.
Jul 9 2012Brief amici curiae of 25 Intellectual Property Law Professors filed.
Jul 9 2012Brief amici curiae of Retail Litigation Center, Inc., et al. filed.
Jul 9 2012Brief amici curiae of Entertainment Merchants Association, et al. filed.
Jul 9 2012Brief amici curiae of Association of Art Museum Directors, et al. filed.
Jul 9 2012Brief amicus curiae of Goodwill Industries International, Inc. filed.
Jul 9 2012Brief amicus curiae of Knowledge Ecology International in support of neither party filed.
Jul 23 2012SET FOR ARGUMENT ON Monday, October 29, 2012
Aug 2 2012CIRCULATED
Aug 8 2012Record from U.S.D.C. for Southern District of New York is electronic.
Aug 10 2012Record received from U.S.D.C. for Southern District of New York.
Aug 14 2012Record from U.S.C.A. for Second Circuit is electronic.
Aug 31 2012Brief of respondent John Wiley & Sons, Inc. filed. (Distributed)
Sep 7 2012Brief amicus curiae of Omega S.A. filed. (Distributed)
Sep 7 2012Brief amicus curiae of Business Software Alliance filed. (Distributed)
Sep 7 2012Brief amicus curiae of Text and Academic Authors Association filed. (Distributed)
Sep 7 2012Brief amicus curiae of the United States filed. (Distributed)
Sep 7 2012Brief amicus curiae of American Intellectual Property Law Association filed. (Distributed)
Sep 7 2012Brief amici curiae of Motion Picture Association of America, Inc., et al. filed. (Distributed)
Sep 7 2012Brief amicus curiae of Software and Information Industry Association (SIIA) filed. (Distributed)
Sep 7 2012Brief amicus curiae of Professor Hugh C. Hansen filed. (Distributed)
Sep 7 2012Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Sep 7 2012Brief amicus curiae of Association of American Publishers filed. (Distributed)
Sep 7 2012Brief amicus curiae of American Bar Association filed. (Distributed)
Sep 7 2012Brief amicus curiae of LicenseLogic, LLC filed. (Distributed)
Oct 1 2012Reply of petitioner Supap Kirtsaeng, dba Bluechristine99 filed. (Distributed)
Oct 9 2012Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Oct 29 2012Argued. For petitioner: E. Joshua Rosenkranz, New York, N. Y. For respondent: Theodore B. Olson, Washington, D. C.; and Malcolm L. Stewart, Deputy Solicitior General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
Dec 18 2012Two boxes of pre-trial exhibits (Wiley's exhibits) nine through twenty-four received from Scott Martin of the law firm of Gibson, Dunn, and Crutcher.
Mar 19 2013Judgment REVERSED and case REMANDED. Breyer, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, Sotomayor, and Kagan, JJ., joined. Kagan, J., filed a concurring opinion, in which Alito, J., joined. Ginsburg, J., filed a dissenting opinion, in which Kennedy, J., joined, and in which Scalia, J., joined except as to Parts III and V-B-1.
Apr 22 2013JUDGMENT ISSUED.