May 28, 2015

Jenner & Block won a victory for client John Wiley & Sons Inc. when the Second Circuit declined to award attorneys’ fees to a man whom the publisher had sued.  The dispute dated to 2008, when John Wiley & Sons sued the man, Supap Kirtsaeng, for violating the Copyright Act by reselling foreign editions of Wiley’s textbooks at a profit.  In 2013, the US Supreme 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 denied his request for attorney fees, finding that the publisher had pursued an objectively reasonable litigation position in the suit. Partner Paul M. Smith represents John Wiley & Sons.  News of the Second Circuit’s recent ruling on the attorneys’ fees was reported in Law360.