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	May 22, 2017	8-0	Thomas	OT 2016

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

Opinion analysis: Justices rein in Federal Circuit's lax rules on patent venue (Ronald Mann, May 23, 2017)
Argument analysis: Justices hear horror stories about venue for patent litigation (Ronald Mann, March 29, 2017)
Argument preview: Justices to consider venue for patent litigation (Ronald Mann, March 20, 2017)
Justices grant review in four new cases (Amy Howe, December 14, 2016)
Petition of the day (Kate Howard, October 18, 2016)

Date	Proceedings and Orders (key to color coding)
07/08/2016	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.
07/13/2016	Application (16A45) granted by The Chief Justice extending the time to file until September 12, 2016.
09/12/2016	Petition for a writ of certiorari filed. (Response due October 17, 2016)
09/27/2016	Brief amici curiae of 32 Internet Companies, Retailers and Associations filed.
09/28/2016	Order extending time to file response to petition to and including November 16, 2016.
10/03/2016	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioner.
10/05/2016	Brief amicus curiae of Washington Legal Foundation filed.
10/12/2016	Brief amici curiae of The Electronic Frontier Foundation, et al. filed.
10/14/2016	Brief amici curiae of American Bankers Association, et al. filed.
10/17/2016	Brief amicus curiae of Paul R, Michel filed.
10/17/2016	Brief amici curiae of Dell Inc., and The Software & Information Industry Association filed.
10/17/2016	Brief amici curiae of 56 Professors of Law and Economics filed.
11/16/2016	Brief of respondent Kraft Foods Group Brands LLC in opposition filed. (Distributed)
11/21/2016	DISTRIBUTED for Conference of December 9, 2016.
11/21/2016	Reply of petitioner TC Heartland LLC filed. (Distributed)
12/02/2016	Letter of December 2, 2016, received from counsel for the petitioner. (Distributed)
12/14/2016	Petition GRANTED.
01/30/2017	Joint appendix filed. (Public Record)
01/30/2017	Brief of petitioner TC Heartland LLC filed.
01/31/2017	Motion to file the joint appendix under seal with redacted copies for the public record filed by petitioner TC Heartland LLC.
02/03/2017	SET FOR ARGUMENT on Monday, March 27, 2017
02/06/2017	Record requested from the U.S.C.A. for the Federal Circuit.
02/06/2017	Brief amicus curiae of General Electric Company in support of neither party filed.
02/06/2017	Brief amicus curiae of National Association of Realtors filed.
02/06/2017	Brief amici curiae of The Electronic Frontier Foundation, and Public Knowledge filed.
02/06/2017	Brief amici curiae of Texas, et al. filed.
02/06/2017	Brief amicus curiae of American Bar Association filed.
02/06/2017	Brief amicus curiae of Engine Advocacy filed.
02/06/2017	Brief amicus curiae of Software & Information Industry Association filed.
02/06/2017	Brief amicus curiae of BSA l The Software Alliance filed.
02/06/2017	Brief amicus curiae of Washington Legal Foundation filed.
02/06/2017	Brief amici curiae of American Bankers Association, et al. filed.
02/06/2017	Brief amici curiae of Intel Corporation, and Dell Inc. filed.
02/06/2017	Brief amicus curiae of ACT l The App Association filed.
02/06/2017	Brief amici curiae of 61 Professors of Law and Economics filed.
02/06/2017	Brief amicus curiae of Unified Patents Inc. filed.
02/06/2017	Brief amicus curiae of The Generic Pharmaceutical Association filed.
02/06/2017	Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed.
02/06/2017	Brief amici curiae of 48 Internet Companies, Retailers and Associations filed.
02/06/2017	Brief amicus curiae of Orange County Intellectual Property Law Association filed.
02/06/2017	Brief amicus curiae of The Intellectual Property Law Association of Chicago in support of neither party filed.
02/06/2017	Appendix of amicus curiae The Intellectual Property Law Association of Chicago in support of neither party filed.
02/08/2017	Motion DISTRIBUTED for Conference of February 24, 2017.
02/14/2017	Record received from the U.S.C.A. Federal Circuit. The record is electronic and available on PACER.
02/14/2017	Record received from the U.S.D.C. Delaware. The record is electronic and partially SEALED.
02/22/2017	CIRCULATED.
02/27/2017	Motion to file the joint appendix under seal with redacted copies for the public record GRANTED.
03/01/2017	Brief of respondent Kraft Foods Group Brands LLC filed. (Distributed)
03/08/2017	Brief amicus curiae of Pharmaceutical Research and Manufacturers of America (PhRMA) filed. (Distributed)
03/08/2017	Brief amici curiae of Ericsson Inc., et al. filed. (Distributed)
03/08/2017	Brief amici curiae of 22 Law, Economics and Business Professors filed. (Distributed)
03/08/2017	Brief amicus curiae of Papool S. Chaudhari filed. (Distributed)
03/08/2017	Brief amicus curiae of Genentech, Inc. filed. (Distributed)
03/08/2017	Brief amici curiae of Biotechnology Innovation Organization, et al. filed. (Distributed)
03/08/2017	Brief amicus curiae of Whirlpool Corp. filed. (Distributed)
03/08/2017	Brief amicus curiae of TDE Petroleum Data Solutions, Inc. filed. (Distributed)
03/08/2017	Brief amici curiae of Professors of Patent Law and Civil Procedure filed. (Distributed)
03/08/2017	Brief amici curiae of 33 Practicing-Entity Patent Owners filed. (Distributed)
03/08/2017	Brief amici curiae of Eighteen Individuals and Organizations Representing Inventors and Patent Owners filed. (Distributed)
03/20/2017	Reply of petitioner TC Heartland LLC filed. (Distributed)
03/27/2017	Argued. For petitioner: James W. Dabney, New York, N. Y. For respondent: William M. Jay, Washington, D. C.
05/22/2017	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.
06/26/2017	JUDGMENT ISSUED.