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Supreme Court Split: Costco V. Omega

Law360 (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...
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