John Wiley & Sons, Inc. v. Supap Kirtsaeng et al, No. 1:2008cv07834 - Document 52 (S.D.N.Y. 2009)

Court Description: OPINION:#98172 In light of the court's analysis, described above, of Kirtsaeng's proposed defenses in this action, it is hereby: ORDERED that Kirtsaeng is prohibited as a from raising a defense pursuant to the doctrine; and it is hereby mat ter of law "first sale": ORDERED that Kirtsaeng is prohibited as a matter of law from raising a defense pursuant to waiver; and it is hereby: ORDERED that Kirtsaeng is prohibited as a matter of law from raising a defense claiming lack standing to bring this lawsuit. (Signed by Judge Donald C. Pogue on 10/19/09) (ae) Modified on 10/23/2009 (eef).