Three years after the Supreme Court sided with Supap Kirtsaeng on the matter of whether first sale doctrine allowed him to keep the profits from reselling foreign-language editions of Wiley textbooks, the high court has affirmed lower court rulings (in part) on the matter of whether Kirtsaeng had the right to recover his attorney fees from Wiley. In a 12-page opinion, Judge Elena Kagan remanded the case back to the lower courts, saying they may not have “understood the full scope of that discretion…to make an award even when the losing party advanced a reasonable claim or defense.” In the end, “This Court agrees with both […]
