opinion: COSTCO WHOLESALE CORP. v. OMEGA, S. A.
  No. 08-1423.
  Argued November 8, 2010
  Decided December 13, 2010
  Roy T. Englert, Jr., argued the cause for petitioner. With him on the briefs were Ariel N. Lavinbuk, Norman H. Levine, and Aaron J. Moss.
  Aaron M. Panner argued the cause for respondent. With him on the brief were Michael K. Kellogg and Matthew C. Wagner.
  Deputy Solicitor General Stewart argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Acting Solicitor General Katyal, Assistant Attorney General West, and Melissa Arbus Sherry.
  Briefs of amici curiae urging reversal were filed for the American Library Association et al. by Jonathan Band; for eBay, Inc., et al. by David B. Salmons and Mary T. Huser; for the Entertainment Merchants Association et al. by John T. Mitchell and Kathleen Hartnett; for Intel Corp. by Theodore B. Olson, Matthew D. McGill, and Tina M. Chappell; for Public Citizen by Gregory A. Beck, Adina H. Rosenbaum, and Allison M. Zieve; for Public Knowledge et al. by Gigi B. Sohn; and for the Retail Industry Leaders Association et al. by Seth D. Greenstein.
  Briefs of amici curiae urging affirmance were filed for the American Bar Association by Stephen N. Zack and Thomas C. Goldstein; for the American Watch Association by Ronald G. Dove, Jr.; for the Association of American Publishers by Charles S. Sims and Jon A. Baumgarten; for the Business Software Alliance by Andrew J. Pincus; for FUJIFILM Corp. et al. by Lawrence Rosenthal; for the Motion Picture Association of America, Inc., et al. by Seth P. Waxman, Randolph D. Moss, Catherine M. A. Carroll, and Jennifer L. Pariser; and for the Software & Information Industry Association by Scott E. Bain.
  Briefs of amici curiae were filed for the American Intellectual Property Law Association by Patrick J. Coyne; and for the Intellectual Property Owners Association by George L. Graff, Kevin Rhodes, Victoria A Cun-diff, Rebecca K. Myers, and Laura K. Isenberg.
  Per Curiam.
  The judgment is affirmed by an equally divided Court.
  Justice Kagan took no part in the consideration or decision of this case. -