Anticipating the Limits of the Misuse Doctrine
Posted by Paul Baillargeon on Wednesday, November 23rd, 2011
Recall the Omega S.A. v. Costco case, which led to the 9th Circuit holding the first sale doctrine inapplicable for goods purchased overseas and later imported into the United States. Well, this case is still ticking, and a recent District Court ruling looks to be ripe for a whole new round of appellate review. After…
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