Second Circuit -- John Wiley & Sons, Inc. v. Supap Kirtsaeng

John Wiley & Sons, Inc. v. Supap Kirtsaeng

Big holding - The First Sale Doctrine of S109 does not apply to works manufactured outside of the United States.   S602, Which would otherwise bar the unauthorized importation of such works, governs.  


No plain error in not giving "no set law on this yet" jury instruction, as deft had chance to present that theory during trial.


No error in admitting evidence of gross revenues, which included books made by other companies.


Dissent:  No requirement in statute that the works be produced domestically.