John Wiley & Sons Inc. v. Kirtsaeng
In John Wiley & Sons Inc. v. Kirtsaeng, --- F.3d ---, 2011 WL 3560003 (2d Cir. Aug. 15, 2011) the Second Circuit took a stand against parallel importation of copyrighted works made under the authority of the United States copyright owner in a foreign country. In doing so, it aligned itself with the Ninth Circuit in Omega S.A. v. Costco Wholesale Corp., 541 F.3d 982 (9th Cir. 2008) aff'd 131 S. Ct. 565 (2010) and four of the eight Supreme Court Justices ruling on Costco's appeal. Justice Kagen had recused herself, having opposed Costco's petition for certiorari when still in the Justice Department.