About the Author
Marilyn Neiman is a member of Cozen O'Connor's Intellectual Property practice group in the firm's Business Law Department. She is a litigator with extensive experience in patent litigation from the inception of a case through trial, settlement or disposition by motion practice. Marilyn also counsels clients concerning the protection of their intellectual property rights, including providing patent validity and infringement opinions.
IP: Supreme Court holds that the “first sale” doctrine applies to copies of a copyrighted work lawfully made abroad
On March 19, in Kirtsaeng v. John Wiley & Sons, Inc., the Supreme Court, reversing the 2nd Circuit, resolving conflicting decisions from the federal appellate courts, and rejecting the solicitor general’s arguments, held that the “first sale” doctrine applies to lawful copies of a copyrighted work first sold abroad.
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