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John Wiley & Sons, which dealt with textbooks purchased legally in Thailand and imported to the United States. [read post]
30 May 2017, 1:35 pm by Ronald Mann
John Wiley & Sons holding that the exhaustion doctrine of copyright law (the “first sale” doctrine) “applies to copies of a copyright work lawfully made and sold abroad. [read post]
23 May 2017, 1:06 am by Jani Ihalainen
(Source: Good Little Robot)The legislative position is not any different, according to the Court, from the common law position as set out in Kirtsaeng v John Wiley & Sons (discussed more here), which restricted the rights in items that have been sold (albeit in relation to copyright and not patent rights). [read post]
John Wiley & Sons, Inc. that the common-law doctrine barring restraints on alienation that is the basis of exhaustion doctrine “makes no geographical distinctions,” a sale of a patented article – authorized by the U.S. patentee – that takes place outside the United States exhausts the U.S. patent rights in that article. [read post]
21 Mar 2017, 2:43 pm by Ronald Mann
There is a recent case (Kirtsaeng v John Wiley & Sons, Inc.,) in which the justices adopted a broad rule of exhaustion under copyright law, but that case affords little guidance because the Copyright Act, unlike the Patent Act, codifies the exhaustion doctrine. [read post]
14 Mar 2017, 7:33 am by Ronald Mann
John Wiley & Sons, Inc., might suggest that the present group of justices has a strong inclination to protect purchasers; any such inclination would provide further support for the alleged infringer. [read post]
9 Mar 2017, 6:02 am by Dennis Crouch
John Wiley & Sons, Inc., 133 S.Ct. 1351 (2013), is not dispositive to show a common law basis for exhaustion. [11] See Brief of 44 Law, Business and Economics Professors, Impression Products, Inc. v. [read post]