The U.S. Supreme Court issued a split decision on Costco v. Omega, a case dealing with first sale doctrine. The court divided 4-4. The case had to do with watches bought overseas and sold at Costco discounts in the United States. The split denies a change in a lower court decision upholding the rights of the Swiss watch manufacturer, Omega.

According to [URL=http://www.scotusblog.com/2010/12/copyright-defense-restricted]Scotus blog[/URL], a different outcome might have been possible if the newest justice, Justice Elena Kagan, didn't recuse herself from the case. Kagan has recused herself from about half of the cases being heard during this term.

Cosco argued in its appeal that the Ninth Circuit decision allows copyright owners who make products outside the U.S. to gain added legal weapons against those who buy goods overseas.

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