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By Howard J. Shire and Matthew Berkowitz
October 29, 2009

Supreme Court Requests U.S. Position on Copyright First-Sale Doctrine
Protection

On May 18, 2009, Costco Wholesale Corporation petitioned the U.S. Supreme Court for a writ of certiorari to the U.S. Court of Appeals for the Ninth Circuit in the case of Costco Wholesale Corp. v. Omega, S.A. On Oct. 5, the Supreme Court invited the Solicitor General to file a brief expressing the views of the United States, perhaps indicating that the Supreme Court intends to grant the writ.

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