Briefly Mentioned :

Briefly Noted :

On Monday, the Supreme Court released additional orders from the October 18 conference. The justices did not add any new cases to their merits docket.

TC Heartland LLC v. Kraft Foods Group Brands LLC

Docket No. Op. Below Argument Opinion Vote Author Term
16-341 Fed. Cir. Mar 27, 2017
Tr.Aud. 		May 22, 2017 8-0 Thomas OT 2016

Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel on an amicus brief by Ericsson Inc., Allergan, Inc., and Traxxas L.P. in support of the respondent in this case.

Holding: The patent venue statute, 28 U.S.C. § 1400(b), provides that "[a]ny civil action for patent infringement may be brought in the judicial district where the defendant resides, or where the defendant has committed acts of infringement and has a regular and established place of business." As applied to domestic corporations, “reside[nce]” in Section 1400(b) refers only to the state of incorporation; the amendments to Section 1391 did not modify the meaning of Section 1400(b) as interpreted in Fourco Glass Co. v. Transmirra Products.

Judgment: Reversed and remanded, 8-0, in an opinion by Justice Thomas on May 22, 2017. Justice Gorsuch took no part in the consideration or decision of the case.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jul 8 2016Application (16A45) to extend the time to file a petition for a writ of certiorari from July 28, 2016 to September 12, 2016, submitted to The Chief Justice.
Jul 13 2016Application (16A45) granted by The Chief Justice extending the time to file until September 12, 2016.
Sep 12 2016Petition for a writ of certiorari filed. (Response due October 17, 2016)
Sep 27 2016Brief amici curiae of 32 Internet Companies, Retailers and Associations filed.
Sep 28 2016Order extending time to file response to petition to and including November 16, 2016.
Oct 3 2016Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioner.
Oct 5 2016Brief amicus curiae of Washington Legal Foundation filed.
Oct 12 2016Brief amici curiae of The Electronic Frontier Foundation, et al. filed.
Oct 14 2016Brief amici curiae of American Bankers Association, et al. filed.
Oct 17 2016Brief amicus curiae of Paul R, Michel filed.
Oct 17 2016Brief amici curiae of Dell Inc., and The Software & Information Industry Association filed.
Oct 17 2016Brief amici curiae of 56 Professors of Law and Economics filed.
Nov 16 2016Brief of respondent Kraft Foods Group Brands LLC in opposition filed. (Distributed)
Nov 21 2016DISTRIBUTED for Conference of December 9, 2016.
Nov 21 2016Reply of petitioner TC Heartland LLC filed. (Distributed)
Dec 2 2016Letter of December 2, 2016, received from counsel for the petitioner. (Distributed)
Dec 14 2016Petition GRANTED.
Jan 30 2017Joint appendix filed. (Public Record)
Jan 30 2017Brief of petitioner TC Heartland LLC filed.
Jan 31 2017Motion to file the joint appendix under seal with redacted copies for the public record filed by petitioner TC Heartland LLC.
Feb 3 2017SET FOR ARGUMENT on Monday, March 27, 2017
Feb 6 2017Record requested from the U.S.C.A. for the Federal Circuit.
Feb 6 2017Brief amicus curiae of General Electric Company in support of neither party filed.
Feb 6 2017Brief amicus curiae of National Association of Realtors filed.
Feb 6 2017Brief amici curiae of The Electronic Frontier Foundation, and Public Knowledge filed.
Feb 6 2017Brief amici curiae of Texas, et al. filed.
Feb 6 2017Brief amicus curiae of American Bar Association filed.
Feb 6 2017Brief amicus curiae of Engine Advocacy filed.
Feb 6 2017Brief amicus curiae of Software & Information Industry Association filed.
Feb 6 2017Brief amicus curiae of BSA l The Software Alliance filed.
Feb 6 2017Brief amicus curiae of Washington Legal Foundation filed.
Feb 6 2017Brief amici curiae of American Bankers Association, et al. filed.
Feb 6 2017Brief amici curiae of Intel Corporation, and Dell Inc. filed.
Feb 6 2017Brief amicus curiae of ACT l The App Association filed.
Feb 6 2017Brief amici curiae of 61 Professors of Law and Economics filed.
Feb 6 2017Brief amicus curiae of Unified Patents Inc. filed.
Feb 6 2017Brief amicus curiae of The Generic Pharmaceutical Association filed.
Feb 6 2017Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed.
Feb 6 2017Brief amici curiae of 48 Internet Companies, Retailers and Associations filed.
Feb 6 2017Brief amicus curiae of Orange County Intellectual Property Law Association filed.
Feb 6 2017Brief amicus curiae of The Intellectual Property Law Association of Chicago in support of neither party filed.
Feb 6 2017Appendix of amicus curiae The Intellectual Property Law Association of Chicago in support of neither party filed.
Feb 8 2017Motion DISTRIBUTED for Conference of February 24, 2017.
Feb 14 2017Record received from the U.S.C.A. Federal Circuit. The record is electronic and available on PACER.
Feb 14 2017Record received from the U.S.D.C. Delaware. The record is electronic and partially SEALED.
Feb 22 2017CIRCULATED.
Feb 27 2017Motion to file the joint appendix under seal with redacted copies for the public record GRANTED.
Mar 1 2017Brief of respondent Kraft Foods Group Brands LLC filed. (Distributed)
Mar 8 2017Brief amicus curiae of Pharmaceutical Research and Manufacturers of America (PhRMA) filed. (Distributed)
Mar 8 2017Brief amici curiae of Ericsson Inc., et al. filed. (Distributed)
Mar 8 2017Brief amici curiae of 22 Law, Economics and Business Professors filed. (Distributed)
Mar 8 2017Brief amicus curiae of Papool S. Chaudhari filed. (Distributed)
Mar 8 2017Brief amicus curiae of Genentech, Inc. filed. (Distributed)
Mar 8 2017Brief amici curiae of Biotechnology Innovation Organization, et al. filed. (Distributed)
Mar 8 2017Brief amicus curiae of Whirlpool Corp. filed. (Distributed)
Mar 8 2017Brief amicus curiae of TDE Petroleum Data Solutions, Inc. filed. (Distributed)
Mar 8 2017Brief amici curiae of Professors of Patent Law and Civil Procedure filed. (Distributed)
Mar 8 2017Brief amici curiae of 33 Practicing-Entity Patent Owners filed. (Distributed)
Mar 8 2017Brief amici curiae of Eighteen Individuals and Organizations Representing Inventors and Patent Owners filed. (Distributed)
Mar 20 2017Reply of petitioner TC Heartland LLC filed. (Distributed)
Mar 27 2017Argued. For petitioner: James W. Dabney, New York, N. Y. For respondent: William M. Jay, Washington, D. C.
May 22 2017Judgment REVERSED and case REMANDED. Thomas, J., delivered the opinion of the Court, in which all other Members joined, except Gorsuch, J., who took no part in the consideration or decision of this case.
Jun 26 2017JUDGMENT ISSUED.
 
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