Supreme Court Splits 4-4, Lets Stand Ninth Circuit Refusal to Apply First Sale Rules to Gray Goods

With the recusal of newest Justice Elena Kagan, the U.S. Supreme Court deadlocked Dec. 13 over the question of whether the first sale doctrine applies to genuine goods produced for an overseas market and imported as gray-market goods without the authorization of the manufacturer. The 4-4 tie in this case thus left intact the Ninth Circuit’s ruling that the first sale doctrine did not bar an infringement action in this case, but that ruling will have no…

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