Decided

No. 11-697

Supap Kirtsaeng, dba Bluechristine99 v. John Wiley & Sons, Inc.

from the United States Court of Appeals for the Second Circuit

See other cases from the Second Circuit.

Docket Entries

JUDGMENT ISSUED.

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.

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.

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.)

Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.

Reply of petitioner Supap Kirtsaeng, dba Bluechristine99 filed. (Distributed)

Brief amicus curiae of LicenseLogic, LLC filed. (Distributed)

Brief amicus curiae of Text and Academic Authors Association filed. (Distributed)

Brief amicus curiae of the United States filed. (Distributed)

Brief amicus curiae of Omega S.A. filed. (Distributed)

Brief amicus curiae of Association of American Publishers filed. (Distributed)

Brief amicus curiae of American Bar Association filed. (Distributed)

Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.

Brief amicus curiae of Professor Hugh C. Hansen filed. (Distributed)

Brief amicus curiae of Software and Information Industry Association (SIIA) filed. (Distributed)

Brief amici curiae of Motion Picture Association of America, Inc., et al. filed. (Distributed)

Brief amicus curiae of American Intellectual Property Law Association filed. (Distributed)

Brief amicus curiae of Business Software Alliance filed. (Distributed)

Brief of respondent John Wiley & Sons, Inc. filed. (Distributed)

Record from U.S.C.A. for Second Circuit is electronic.

Record received from U.S.D.C. for Southern District of New York.

Record from U.S.D.C. for Southern District of New York is electronic.

CIRCULATED

SET FOR ARGUMENT ON Monday, October 29, 2012

Brief amici curiae of Association of Art Museum Directors, et al. filed.

Brief amicus curiae of Costco Wholesale Corporation filed.

Brief amicus curiae of Intellectual Property Owners Association in support of neither party filed.

Brief amici curiae of Powell's Books Inc., et al. filed.

Brief amici curiae of Public Knowledge, et al. filed.

Brief amici curiae of eBay Inc., et al, filed.

Brief amici curiae of 25 Intellectual Property Law Professors filed.

Brief amici curiae of Retail Litigation Center, Inc., et al. filed.

Brief amici curiae of Entertainment Merchants Association, et al. filed.

Brief amicus curiae of Goodwill Industries International, Inc. filed.

Brief amicus curiae of Knowledge Ecology International in support of neither party filed.

Brief amici curiae of American Library Association, et al. filed.

Joint appendix filed (with supplemental volume). (Statement of costs filed)

Brief amicus curiae of Association of Service and Computer Dealers filed.

Brief of petitioner Supap Kirtsaeng, dba Bluechristine99 filed.

Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent.

The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 2, 2012.

The time to file respondent's brief on the merits is extended to and including August 31, 2012.

Petition GRANTED. (orders list)

DISTRIBUTED for Conference of April 13, 2012.

Reply of petitioner Supap Kirtsaeng, dba Bluechristine99 filed.

Brief of respondent John Wiley & Sons, Inc. in opposition filed. VIDED.

Order further extending time to file response to petition to and including March 5, 2012.

Brief amicus curiae of Retail Industry Leaders Association, et al.

Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed.

Brief amici curiae of Public Knowledge, et al. filed.

Brief amici curiae of eBay Inc., et al, filed.

Consent to the filing of amicus briefs, in support of either party or of neither party received from counsel for the respondent.

Order extending time to file response to petition to and including February 6, 2012.

Letter of December 23, 2011, from counsel for petitioner received.

Consent to the filing of amicus curiae, briefs in supprt of either party or of neither party, received from counsel for the petitioner.

Petition for a writ of certiorari filed. (Response due January 6, 2012)

Parties

Supap Kirtsaeng, dba Bluechristine99, Petitioner, represented by E. Joshua Rosenkranz

John Wiley & Sons, Inc., Respondent, represented by Theodore B. Olson

Amici Curiae

25 Intellectual Property Law Professors, Amicus Curiae, represented by Daryl L. Joseffer

American Bar Association, Amicus Curiae, represented by Laurel G. Bellows

American Intellectual Law Association in support of neither party, Amicus Curiae, represented by Edward R. Reines

American Intellectual Property Law Association, Amicus Curiae, represented by Kevin Tottis

American Library Association, et al., Amicus Curiae, represented by Jonathan Band

Association of American Publishers, Amicus Curiae, represented by Charles S. Sims

Association of Art Museum Directors, et al., Amicus Curiae, represented by Stefan M. Mentzer

Association of Service and Computer Dealers, Amicus Curiae, represented by W. Douglas Kari

Business Software Alliance, Amicus Curiae, represented by Paul M. Smith

Costco Wholesale Corporation, Amicus Curiae, represented by Roy T. Englert Jr.

eBay Inc., et al,, Amicus Curiae, represented by David B. Salmons

eBay, Inc., et al., Amicus Curiae, represented by David Salmons

Entertainment Merchants Association, Amicus Curiae, represented by John T. Mitchell

Goodwill Industries International, Inc., Amicus Curiae, represented by Gene C. Schaerr

Intellectual Property Owners Association in support of neither party, Amicus Curiae, represented by George L. Graff

Knowledge Ecology International, Amicus Curiae, represented by Krista L. Cox

LicenseLogic, LLC, Amicus Curiae, represented by Scott E. Bain

LicenseLogic, LLC, Amicus Curiae, represented by Scott Eric Bain

Motion Picture Association of America, Inc., Amicus Curiae, represented by Seth P. Waxman

Omega S.A., Amicus Curiae, represented by Aaron M. Panner

Powell's Books Inc., et al., Amicus Curiae, represented by Mark Lemley

Professor Hugh C. Hansen, Amicus Curiae, represented by Hugh C. Hansen

Public Knowledge, et al., Amicus Curiae, represented by Harold Feld

Retail Litigation Center, Inc., et al., Amicus Curiae, represented by Seth D. Greenstein

Software and Information Industry Association (SIIA), Amicus Curiae, represented by Christopher A. Mohr

Supap Kirtsaeng, dba Bluechristine99 v. John Wiley & Sons, Inc., Amicus Curiae, represented by Malcolm L. Stewart

Text and Academic Authors Association, Amicus Curiae, represented by Beth Heifetz

the United States, Amicus Curiae, represented by Donald B. Verrilli Jr.

 
Last updated: February 16, 2016