TC Heartland LLC v. Kraft Foods Group Brands LLC

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TC Heartland LLC v. Kraft Foods Group Brands LLC

Court will review census citizenship dispute this term – Amy Howe

Argument preview: Justices to examine rejection of contracts in bankruptcy – Ronald Mann

Argument preview: Justices to consider ability of government to challenge patents in administrative process – Ronald Mann

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Orders

RETURN MAIL INC. V. U.S. POSTAL SERVICE (17-1594)

MISSION PRODUCT HOLDINGS INC. V. TEMPNOLOGY INC. (17-1657)

Opinions

Conference

Orders

MANHATTAN COMMUNITY ACCESS CORP. V. HALLECK (17-1702)

UNITED STATES V. HAYMOND (17-1672)

MONT V. UNITED STATES (17-8995)

THE AMERICAN LEGION V. AMERICAN HUMANIST ASSOCIATION (17-1717)

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.

Opinion analysis: Justices rein in Federal Circuit’s lax rules on patent venue (Ronald Mann)
Argument analysis: Justices hear horror stories about venue for patent litigation (Ronald Mann)
Argument preview: Justices to consider venue for patent litigation (Ronald Mann)
Justices grant review in four new cases (Amy Howe)
Petition of the day (Kate Howard)

Date	Proceedings and Orders (key to color coding)
Jul 8 2016	Application (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 2016	Application (16A45) granted by The Chief Justice extending the time to file until September 12, 2016.
Sep 12 2016	Petition for a writ of certiorari filed. (Response due October 17, 2016)
Sep 27 2016	Brief amici curiae of 32 Internet Companies, Retailers and Associations filed.
Sep 28 2016	Order extending time to file response to petition to and including November 16, 2016.
Oct 3 2016	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioner.
Oct 5 2016	Brief amicus curiae of Washington Legal Foundation filed.
Oct 12 2016	Brief amici curiae of The Electronic Frontier Foundation, et al. filed.
Oct 14 2016	Brief amici curiae of American Bankers Association, et al. filed.
Oct 17 2016	Brief amicus curiae of Paul R, Michel filed.
Oct 17 2016	Brief amici curiae of Dell Inc., and The Software & Information Industry Association filed.
Oct 17 2016	Brief amici curiae of 56 Professors of Law and Economics filed.
Nov 16 2016	Brief of respondent Kraft Foods Group Brands LLC in opposition filed. (Distributed)
Nov 21 2016	DISTRIBUTED for Conference of December 9, 2016.
Nov 21 2016	Reply of petitioner TC Heartland LLC filed. (Distributed)
Dec 2 2016	Letter of December 2, 2016, received from counsel for the petitioner. (Distributed)
Dec 14 2016	Petition GRANTED.
Jan 30 2017	Joint appendix filed. (Public Record)
Jan 30 2017	Brief of petitioner TC Heartland LLC filed.
Jan 31 2017	Motion to file the joint appendix under seal with redacted copies for the public record filed by petitioner TC Heartland LLC.
Feb 3 2017	SET FOR ARGUMENT on Monday, March 27, 2017
Feb 6 2017	Record requested from the U.S.C.A. for the Federal Circuit.
Feb 6 2017	Brief amicus curiae of General Electric Company in support of neither party filed.
Feb 6 2017	Brief amicus curiae of National Association of Realtors filed.
Feb 6 2017	Brief amici curiae of The Electronic Frontier Foundation, and Public Knowledge filed.
Feb 6 2017	Brief amici curiae of Texas, et al. filed.
Feb 6 2017	Brief amicus curiae of American Bar Association filed.
Feb 6 2017	Brief amicus curiae of Engine Advocacy filed.
Feb 6 2017	Brief amicus curiae of Software & Information Industry Association filed.
Feb 6 2017	Brief amicus curiae of BSA l The Software Alliance filed.
Feb 6 2017	Brief amicus curiae of Washington Legal Foundation filed.
Feb 6 2017	Brief amici curiae of American Bankers Association, et al. filed.
Feb 6 2017	Brief amici curiae of Intel Corporation, and Dell Inc. filed.
Feb 6 2017	Brief amicus curiae of ACT l The App Association filed.
Feb 6 2017	Brief amici curiae of 61 Professors of Law and Economics filed.
Feb 6 2017	Brief amicus curiae of Unified Patents Inc. filed.
Feb 6 2017	Brief amicus curiae of The Generic Pharmaceutical Association filed.
Feb 6 2017	Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed.
Feb 6 2017	Brief amici curiae of 48 Internet Companies, Retailers and Associations filed.
Feb 6 2017	Brief amicus curiae of Orange County Intellectual Property Law Association filed.
Feb 6 2017	Brief amicus curiae of The Intellectual Property Law Association of Chicago in support of neither party filed.
Feb 6 2017	Appendix of amicus curiae The Intellectual Property Law Association of Chicago in support of neither party filed.
Feb 8 2017	Motion DISTRIBUTED for Conference of February 24, 2017.
Feb 14 2017	Record received from the U.S.C.A. Federal Circuit. The record is electronic and available on PACER.
Feb 14 2017	Record received from the U.S.D.C. Delaware. The record is electronic and partially SEALED.
Feb 22 2017	CIRCULATED.
Feb 27 2017	Motion to file the joint appendix under seal with redacted copies for the public record GRANTED.
Mar 1 2017	Brief of respondent Kraft Foods Group Brands LLC filed. (Distributed)
Mar 8 2017	Brief amicus curiae of Pharmaceutical Research and Manufacturers of America (PhRMA) filed. (Distributed)
Mar 8 2017	Brief amici curiae of Ericsson Inc., et al. filed. (Distributed)
Mar 8 2017	Brief amici curiae of 22 Law, Economics and Business Professors filed. (Distributed)
Mar 8 2017	Brief amicus curiae of Papool S. Chaudhari filed. (Distributed)
Mar 8 2017	Brief amicus curiae of Genentech, Inc. filed. (Distributed)
Mar 8 2017	Brief amici curiae of Biotechnology Innovation Organization, et al. filed. (Distributed)
Mar 8 2017	Brief amicus curiae of Whirlpool Corp. filed. (Distributed)
Mar 8 2017	Brief amicus curiae of TDE Petroleum Data Solutions, Inc. filed. (Distributed)
Mar 8 2017	Brief amici curiae of Professors of Patent Law and Civil Procedure filed. (Distributed)
Mar 8 2017	Brief amici curiae of 33 Practicing-Entity Patent Owners filed. (Distributed)
Mar 8 2017	Brief amici curiae of Eighteen Individuals and Organizations Representing Inventors and Patent Owners filed. (Distributed)
Mar 20 2017	Reply of petitioner TC Heartland LLC filed. (Distributed)
Mar 27 2017	Argued. For petitioner: James W. Dabney, New York, N. Y. For respondent: William M. Jay, Washington, D. C.
May 22 2017	Judgment 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 2017	JUDGMENT ISSUED.

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Court will review census citizenship dispute this term – Amy Howe

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On Friday, the justices met for their February 15 conference and agreed to hear oral argument in Department of Commerce v. New York during the second week of the April sitting.
The calendar for the February sitting, which will begin on Tuesday, February 19, is available on the Supreme Court's website.
Major Cases
- Lamone v. Benisek
  In case in which the plaintiffs allege that a Maryland congressional district was gerrymandered to retaliate against them for their political views: (1) whether the various legal claims articulated by the three-judge district court are unmanageable; (2) whether the three-judge district court erred when, in granting plaintiffs’ motion for summary judgment, it resolved disputes of material fact as to multiple elements of plaintiffs’ claims, failed to view the evidence in the light most favorable to the non-moving party, and treated as “undisputed” evidence that is the subject of still-unresolved hearsay and other evidentiary objections; and (3) whether the three-judge district court abused its discretion in entering an injunction despite the plaintiffs’ years-long delay in seeking injunctive relief, rendering the remedy applicable to at most one election before the next decennial census necessitates another redistricting.
- Kisor v. Wilkie
  Whether the Supreme Court should overrule Auer v. Robbins and Bowles v. Seminole Rock & Sand Co., which direct courts to defer to an agency’s reasonable interpretation of its own ambiguous regulation.
- Rucho v. Common Cause
  (1) Whether plaintiffs have standing to press their partisan gerrymandering claims; (2) whether plaintiffs’ partisan gerrymandering claims are justiciable; and (3) whether North Carolina’s 2016 congressional map is, in fact, an unconstitutional partisan gerrymander.
- New York State Rifle & Pistol Association Inc. v. City of New York, New York
  Whether New York City’s ban on transporting a licensed, locked and unloaded handgun to a home or shooting range outside city limits is consistent with the Second Amendment, the commerce clause and the constitutional right to travel.
- The American Legion v. American Humanist Association
  (1) Whether a 93-year-old memorial to the fallen of World War I is unconstitutional merely because it is shaped like a cross; (2) whether the constitutionality of a passive display incorporating religious symbolism should be assessed under the tests articulated in Lemon v. Kurtzman, Van Orden v. Perry, Town of Greece v. Galloway or some other test; and (3) whether, if the test from Lemon v. Kurtzman applies, the expenditure of funds for the routine upkeep and maintenance of a cross-shaped war memorial, without more, amounts to an excessive entanglement with religion in violation of the First Amendment.
- Gamble v. United States
  Whether the Supreme Court should overrule the “separate sovereigns” exception to the double jeopardy clause.
see all this term’s cases »
Recent Decisions
- Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA Inc. The sale of an invention to a third party who is obligated to keep the invention confidential may place the invention “on sale” for purposes of the Leahy-Smith America Invents Act, which bars a person from receiving a patent on an invention that was “in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention,” 35 U. S. C. §102(a)(1).
- New Prime Inc. v. Oliveira A court should determine whether the Federal Arbitration Act’s Section 1 exclusion for disputes involving the “contracts of employment” of certain transportation workers applies before ordering arbitration; here, truck driver Dominic Oliveira’s independent contractor operating agreement with New Prime Inc. falls within that exception.
- Stokeling v. United States The Armed Career Criminal Act’s elements clause encompasses a robbery offense that, like Florida’s law, requires the criminal to overcome the victim’s resistance.
- Culbertson v. Berryhill The Social Security Act’s fee cap of 25 percent of past-due benefits imposed on attorneys who successfully represent Title II benefit claimants in court proceedings applies only to fees for court representation and not to aggregate fees for both court and agency representation.
- Henry Schein Inc. v. Archer and White Sales Inc. The “wholly groundless” exception to the general rule that courts must enforce contracts that delegate threshold arbitrability questions to an arbitrator, not a court, is inconsistent with the Federal Arbitration Act and Supreme Court precedent.
see all this term’s cases »
Current Relists
- Altitude Express Inc. v. Zarda Whether the prohibition in Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a)(1), against employment discrimination “because of . . . sex” encompasses discrimination based on an individual’s sexual orientation.
- Baxter v. United States (1) Whether a conviction for robbery under Florida law qualifies as a “violent felony” within the Armed Career Criminal Act’s elements clause simply because it requires overcoming victim resistance, as the U.S. Court of Appeals for the 11th Circuit has held, or whether such a conviction fails to qualify as an ACCA “violent felony” because Florida caselaw confirms that overcoming victim resistance does not invariably requires the use of “violent force” as the U.S. Court of Appeals for the 9th Circuit has held; and (2) whether a conviction for any state robbery offense that includes “as an element” the common law requirement of overcoming “victim resistance” is categorically a “violent felony” within the ACCA’s elements clause if the offense has been specifically interpreted by state appellate courts to require only slight force to overcome resistance.
- Bostock v. Clayton County, Georgia Whether discrimination against an employee because of sexual orientation constitutes prohibited employment discrimination “because of . . . sex” within the meaning of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2.
More Petitions »
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Cases decided 10

Summary reversals 2

Merits cases granted to date 73

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Chief Justice Roberts at Belmont University

On February 6, Chief Justice John Roberts spoke at Belmont University College of Law with Alberto Gonzales, dean of the law school and former U.S. attorney general.

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Sigma Delta Chi
Awarded the Sigma Delta Chi deadline reporting award for online coverage of the Affordable Care Act decision.
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15
Conference

19
Orders
RETURN MAIL INC. V. U.S. POSTAL SERVICE (17-1594)

20
MISSION PRODUCT HOLDINGS INC. V. TEMPNOLOGY INC. (17-1657)
Opinions

22
Conference

25
Orders
MANHATTAN COMMUNITY ACCESS CORP. V. HALLECK (17-1702)

26
UNITED STATES V. HAYMOND (17-1672)
MONT V. UNITED STATES (17-8995)

27
THE AMERICAN LEGION V. AMERICAN HUMANIST ASSOCIATION (17-1717)

Cases argued	43
Cases decided	10
Summary reversals	2
Merits cases granted to date	73