This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.
In brief
Overview
The Court heard oral arguments on March 27, 2017.
According to Alderson Reporting Company, if the Court rules for TC Heartland, an analysis suggests that about 68 % of small‑ and medium‑sized businesses could obtain venue relief.
Background and question before the Court
Oral argument took place before the Supreme Court at 11:09 a.m. on March 27, 2017.
Justice Sotomayor asked how the Court’s decision in Brunette, which held that §1391 governs aliens, applies to this case.
What each side argues
Petitioner (TC HEARTLAND LLC)
Petitioner argues that the case rests importantly on the “except” provision of the venue statute.
Respondent (KRAFT FOODS GROUP BRANDS LLC)
Source-limited. The record does not yet support a complete account.
What happened at oral argument
According to Justice Sotomayor, justice Sotomayor questioned the applicability of Brunette’s holding on aliens.
Justice Breyer asked whether §1400 requires the defendant to reside where it resides.
According to Justice Kagan, justice Kagan sought clarification about the original §1391 as it relates to Fourco.
Mr. Dabney, counsel for the respondent, argued that §1400(b) provides a distinct venue definition for non‑resident defendants, requiring a regular place of business and an act of infringement, not merely the defendant’s domicile.
According to Mr. Jay, mr. Jay explained that the 2011 amendment expanded the definition of “domicile” to include individual defendants and other business entities, modifying the Court’s earlier Brunette interpretation.
According to Mr. Jay, mr. Jay also noted that Fourco’s interpretation of the statutes remains good law.
- [1] 3b6f7f9456059ef4cc15-r1-bf4dc16b57aea931.pdf, p. 4
- [2] 3b6f7f9456059ef4cc15-r1-bf4dc16b57aea931.pdf, p. 21
- [3] 3b6f7f9456059ef4cc15-r1-bf4dc16b57aea931.pdf, p. 36
- [4] 3b6f7f9456059ef4cc15-r1-bf4dc16b57aea931.pdf, p. 20
- [5] 3b6f7f9456059ef4cc15-r1-bf4dc16b57aea931.pdf, p. 37
- [6] 3b6f7f9456059ef4cc15-r1-bf4dc16b57aea931.pdf, p. 25
What the Court decided
Why it matters
Under §1400(b) a plaintiff must show both an act of infringement and a regular, established place of business in the forum state, shaping where lawsuits can be filed.
According to Alderson Reporting Company, an estimated 68 % of small‑ and medium‑sized businesses stand to gain venue relief if TC Heartland prevails.
Terms to know
No glossary terms are available for this guide.
Primary sources
Read the source materials on the official site or open the immutable repository copy used for this guide.
- 3b6f7f9456059ef4cc15-r1-bf4dc16b57aea931.pdforal argument transcript
Guide generated September 25, 2026. Automated validation accepted this version.