John Wiley & Sons Inc .
The Federal Circuit answered whether, if a product is given away and the patent owner did not receive any compensation, the distribution of that product exhausted the patent claim.
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.
Recently an unusual collection of amici argued that the Supreme Court should not allow copyright owners to prevent U.S. resale of works authorized for sale by the copyright owner in a foreign country because it would be impractical and would exceed the proper scope of protection provided by statute.
A recent appeals court ruling gives copyright owners broader rights over their products manufactured outside the U.S.