Jenner & Block Associate Ishan K. Bhabha will discuss the case of Kirtsaeng v. John Wiley & Sons, Inc. during a panel program to be held after oral arguments before the US Supreme Court on April 25, 2016. In Kirtsaeng, the firm represents publisher John Wiley. In 2008, Mr. Wiley sued Supap Kirtsaeng for violating the Copyright Act by reselling foreign editions of his textbooks at a profit. In 2013, the Court reversed a Second Circuit ruling that found the Copyright Act’s first-sale doctrine applied only to US-made goods. In spite of Mr. Kirtsaeng’s victory before the Court, the Second Circuit last year denied his request for attorney fees, finding that Mr. Wiley had pursued an objectively reasonable litigation position in the suit. The Court is now asked to rule on the appropriate standard for awarding attorneys' fees to a prevailing party under § 505 of the Copyright Act. The DC Chapter of the Copyright Society of the USA is co-sponsoring the event with the Federal Circuit Bar Association and the American University Program on Information Justice and Intellectual Property's ongoing Supreme Court Series. The program will be held at the American University Washington College of Law in Washington, DC.
Mr. Bhabha is a member of the Appellate and Supreme Court Practice. Since joining the firm in 2012, his practice has focused on complex issues of constitutional and administrative law.
A video of the panel discussion is available here.