Kirtsaeng v. John Wiley & Sons, Inc.’s Empirical Analysis
568 U.S. 519 · 2013
Citation profile
8 federal appellate · 4 state decisions
How this case has been cited
Cited by 40 later decisions (8 by the Supreme Court) — most recently June 2026 · most notably Jennings v. Rodriguez (2018), 138 S. Ct. 2105 - Pereira v. Sessions (2018)
8 federal appellate · 4 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Appellate journey
reviewedthe decision below (from Second Circuit Court of Appeals)
Relationships
Applies 11 U.S.C. § 1146 · 15 U.S.C. § 1 (§ 1 of the Sherman Antitrust Act) · 17 U.S.C. § 106 (§ 101 of the Copyright Act of 1976) · 17 U.S.C. § 107 (§ 101 of the Copyright Act of 1976) · 17 U.S.C. § 109 (§ 101 of the Copyright Act of 1976) · 17 U.S.C. § 202 (§ 101 of the Copyright Act of 1976) · 17 U.S.C. § 501 (§ 101 of the Copyright Act of 1976) · 17 U.S.C. § 602 (§ 101 of the Copyright Act of 1976)
Relies on Patterson v. McLean Credit Union · Russello v. United States · United States v. American Trucking Associations · Pegram v. Herdrich · Trw Inc v. Adelaide Andrews
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“'issue[s] previously governed by the common law,' " courts "must presume that 'Congress intended to retain the substance of the common law.' " (quoting Samantar v. Yousuf , 560 U.S. 305 , 320 n.13, 130 S.Ct. 2278 , 176 L.Ed.2d 1047 (2010) ) ). In WesternGeco LLC v. ION Geophysical Corp. , we shed additional light on the meaning of "privy”
3 later decisions quote this exact passage · from the dissent“once [the] copy ... has been lawfully sold (or its ownership otherwise lawfully transferred), the buyer of that copy and subsequent owners are free to dispose of it as they wish.”
1 later decision quote this exact passage · from the majority“Kirtsaeng v. John Wiley & Sons, Inc. , 568 U.S. 519 , 530, 133 S.Ct. 1351 , 185 L.Ed.2d 392 (2013) (quoting 18 Oxford English Dictionary 950 (2d ed. 1989) ). To qualify”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.