Judge Bars 1st Sale Defense In Textbook Import Suit

Law360, New York (October 21, 2009, 3:49 PM EDT) -- A federal judge has barred certain defenses, including the first sale doctrine, from being raised in an upcoming jury trial in publisher John Wiley & Sons Inc.'s suit accusing an individual of unlawfully importing and reselling textbooks in violation of various intellectual property and competition laws.

Judge Donald C. Pogue of the U.S. Court of International Trade, sitting by designation on the U.S. District Court for the Southern District of New York, handed down an opinion prohibiting defendant Supap Kirtsaeng from raising defenses pursuant to the...
To view the full article, register now.