Kirtsaeng v. John Wiley & Sons, Inc.

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

Opinion analysis: Justices reject publishers claims in gray-market copyright case (Ronald Mann, March 19, 2013)
Argument recap: Justices skeptical of publishers position in gray-market copyright case (Ronald Mann, October 31, 2012)
Argument preview: Court tries again on copyright importation problem (Ronald Mann, October 18, 2012)
Is the new economy driving the Courts docket? (Ronald Mann, October 15, 2012)
Orders: One new grant, on copyright (Lyle Denniston, April 16, 2012)

Date	Proceedings and Orders (key to color coding)
12/05/2011	Petition for a writ of certiorari filed. (Response due January 6, 2012)
12/22/2011	Consent to the filing of amicus curiae, briefs in supprt of either party or of neither party, received from counsel for the petitioner.
12/28/2011	Letter of December 23, 2011, from counsel for petitioner received.
12/29/2011	Order extending time to file response to petition to and including February 6, 2012.
01/05/2012	Consent to the filing of amicus briefs, in support of either party or of neither party received from counsel for the respondent.
01/05/2012	Brief amici curiae of eBay Inc., et al, filed.
01/06/2012	Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed.
01/06/2012	Brief amici curiae of Public Knowledge, et al. filed.
01/06/2012	Brief amicus curiae of Retail Industry Leaders Association, et al.
02/02/2012	Order further extending time to file response to petition to and including March 5, 2012.
03/05/2012	Brief of respondent John Wiley & Sons, Inc. in opposition filed. VIDED.
03/20/2012	Reply of petitioner Supap Kirtsaeng, dba Bluechristine99 filed.
03/21/2012	DISTRIBUTED for Conference of April 13, 2012.
04/16/2012	Petition GRANTED.
05/08/2012	The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 2, 2012.
05/08/2012	The time to file respondent's brief on the merits is extended to and including August 31, 2012.
06/18/2012	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent.
07/02/2012	Joint appendix filed (with supplemental volume). (Statement of costs filed)
07/02/2012	Brief of petitioner Supap Kirtsaeng, dba Bluechristine99 filed.
07/02/2012	Brief amicus curiae of Association of Service and Computer Dealers filed.
07/03/2012	Brief amici curiae of American Library Association, et al. filed.
07/09/2012	Brief amicus curiae of Costco Wholesale Corporation filed.
07/09/2012	Brief amicus curiae of Intellectual Property Owners Association in support of neither party filed.
07/09/2012	Brief amici curiae of Powell's Books Inc., et al. filed.
07/09/2012	Brief amici curiae of Public Knowledge, et al. filed.
07/09/2012	Brief amici curiae of eBay Inc., et al, filed.
07/09/2012	Brief amici curiae of 25 Intellectual Property Law Professors filed.
07/09/2012	Brief amici curiae of Retail Litigation Center, Inc., et al. filed.
07/09/2012	Brief amici curiae of Entertainment Merchants Association, et al. filed.
07/09/2012	Brief amici curiae of Association of Art Museum Directors, et al. filed.
07/09/2012	Brief amicus curiae of Goodwill Industries International, Inc. filed.
07/09/2012	Brief amicus curiae of Knowledge Ecology International in support of neither party filed.
07/23/2012	SET FOR ARGUMENT ON Monday, October 29, 2012
08/02/2012	CIRCULATED
08/08/2012	Record from U.S.D.C. for Southern District of New York is electronic.
08/10/2012	Record received from U.S.D.C. for Southern District of New York.
08/14/2012	Record from U.S.C.A. for Second Circuit is electronic.
08/31/2012	Brief of respondent John Wiley & Sons, Inc. filed. (Distributed)
09/07/2012	Brief amicus curiae of Omega S.A. filed. (Distributed)
09/07/2012	Brief amicus curiae of Business Software Alliance filed. (Distributed)
09/07/2012	Brief amicus curiae of Text and Academic Authors Association filed. (Distributed)
09/07/2012	Brief amicus curiae of the United States filed. (Distributed)
09/07/2012	Brief amicus curiae of American Intellectual Property Law Association filed. (Distributed)
09/07/2012	Brief amici curiae of Motion Picture Association of America, Inc., et al. filed. (Distributed)
09/07/2012	Brief amicus curiae of Software and Information Industry Association (SIIA) filed. (Distributed)
09/07/2012	Brief amicus curiae of Professor Hugh C. Hansen filed. (Distributed)
09/07/2012	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
09/07/2012	Brief amicus curiae of Association of American Publishers filed. (Distributed)
09/07/2012	Brief amicus curiae of American Bar Association filed. (Distributed)
09/07/2012	Brief amicus curiae of LicenseLogic, LLC filed. (Distributed)
10/01/2012	Reply of petitioner Supap Kirtsaeng, dba Bluechristine99 filed. (Distributed)
10/09/2012	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
10/29/2012	Argued. 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.)
12/18/2012	Two 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.
03/19/2013	Judgment 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.
04/22/2013	JUDGMENT ISSUED.

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.