Supreme Court Split: Costco V. Omega

Law360, New York (December 17, 2010, 1:56 PM EST) -- This week, the U.S. Supreme Court issued its highly anticipated decision in Costco v. Omega, but the decision probably was not the one that anyone was anticipating. In its one-line per curiam decision, the court held that “[t]he judgment is affirmed by an equally divided Court.” (Justice Elena Kagan recused herself from hearing the case).

So what does the 4-4 split mean? Essentially, it means that the Ninth Circuit’s decision stands. Omega’s extraterritorial sale of its watches did not exhaust its U.S. copyright in the same...
To view the full article, register now.