**District Judge James Donato** was appointed to the Northern District of California by President Barack Obama in 2014. Judge Donato was born in 1960 in Pasadena, California. He was nominated on January 6, 2014, confirmed on February 25, 2014, and received his commission on February 26, 2014. He fills the seat vacated by Judge James Ware. His career included work as a deputy city attorney and extensive private practice in San Francisco. **Education** - Stanford Law School, J.D., 1988 - Harvard University, A.M., 1984 - University of California, Berkeley, B.A., 1983 **Career** - Law Clerk to Hon. Procter R. Hug, Jr., U.S. Court of Appeals for the Ninth Circuit (1988–1989) - Private practice, San Francisco (1990–1993) - Deputy City Attorney, San Francisco (1993–1996) - Private practice, San Francisco (1996–2014)
**Courthouse:** 450 Golden Gate Ave, 16th Floor, San Francisco, CA 94102 **Chambers:** Courtroom 11, 19th Floor **Phone:** (415) 522-2066 **Chambers Staff** - Courtroom Deputy/Calendar Clerk: jdcrd@cand.uscourts.gov
Courtesy copies are required for pretrial documents. Details: 2 copies, delivery within 24 hours, by hand delivery. Two three-hole punched, double-sided chambers copies of pretrial materials must be delivered to the Clerk's office by noon the day after filing.
The rule does not state that a pre-motion letter is required, but it sets the applicable pre-motion procedure. Parties must meet and confer to narrow terms to ten before preparing joint statement if more than ten terms are at issue.
Judge James Donato's rule states these limits: 20 pages. Opening and opposition briefs limited to 20 pages; reply brief limited to 10 pages.
Judge James Donato's rule states these limits: 10 pages. Trial briefs are limited to 10 pages.
Judge James Donato's formatting rule includes binding three ring binder, double-sided, three-hole-punched, tagged and separated by label divider identifying exhibit number, and deliver on morning of first day of trial. Parties must deliver two sets of trial exhibits, double-sided, three-hole-punched, in three-ring binders, with tagged and labeled dividers, on the morning of the first day of trial.
The rule requires certificate of conference. Joint claim construction statement must designate disputed terms and be truly joint.
The rule requires legal argument. New constructions cannot be proposed for first time in reply briefs or filings without opportunity for response.
Parties may contact Judge James Donato's chambers by email only as allowed by the rule. Opening briefs due 6 weeks before claim construction hearing, Patent L.R. 4-5 briefing schedule applies.
Judge James Donato's rules set procedures for sealed or redacted filings. Process: file unredacted to clerk and file unredacted to chambers. Sealed documents filed with Oakland Clerk's Office; chambers copy to San Francisco.
Requests should be made at least 2 weeks in advance when this rule applies before Judge James Donato. The request must include reason for request and good cause demonstration. Request for more than ten terms requires good cause demonstration and must be filed two weeks before joint statement deadline.
Yes. Judge James Donato requires bundling for covered papers. Joint combined motion to seal required for unopposed sealing requests after briefing.
Yes. Electronic filing is required for the covered filings. Parties must e-mail Microsoft Word version of proposed jury instructions and verdict form to jdpo@cand.uscourts.gov.
Joint claim construction statement must designate disputed terms and be truly joint.
Joint statement must list disputed terms by claim with each party's proposed construction and support.
Joint statement must include copies of all patents in dispute and complete prosecution history available upon request.
Court will generally construe no more than ten terms, with grouping allowed for identical issues.
Parties must meet and confer to narrow terms to ten before preparing joint statement if more than ten terms are at issue.
Request for more than ten terms requires good cause demonstration and must be filed two weeks before joint statement deadline.
Court will construe only first ten terms without leave and may impose sanctions.
Opening and opposition briefs limited to 20 pages; reply brief limited to 10 pages.
Meaningful meet and confer should eliminate need to propose different constructions in briefs.
New constructions cannot be proposed for first time in reply briefs or filings without opportunity for response.
Request required to propose different construction in brief than in joint statement, with explanation of basis.
Amended final joint claim construction statement required with reply briefs if positions have changed.
Tutorial may be scheduled 1-2 weeks before claim construction hearing with 30-45 minute presentations by non-counsel.
Technology synopsis (max 12 pages) due 7 court days before tutorial, neutral overview only.
Court may appoint neutral expert under FRE 706, parties split cost equally.
Prehearing conferences not held; telephone conference may be requested within 2 weeks of hearing.
Opening briefs due 6 weeks before claim construction hearing, Patent L.R. 4-5 briefing schedule applies.
Extrinsic evidence not ordinarily heard; telephone conference may be requested within 2 weeks if testimony needed.
Demonstrative exhibits allowed if based on filed papers; exchange copies 48 hours before hearing.
Claim construction hearing generally 3 hours Thursday afternoon; special setting requires telephone conference.
Joint case management status report required after claim construction ruling addressing 6 specific topics.
Proposed orders are not required for motions in limine.
Pretrial documents must be filed no later than 14 days before the final pretrial conference.
Two three-hole punched, double-sided chambers copies of pretrial materials must be delivered to the Clerk's office by noon the day after filing.
Joint pretrial statement must contain nine specified sections and be signed by all lead trial counsel.
Trial briefs are limited to 10 pages.
Trial brief must specify each cause of action and defense and include applicable legal standard.
Motions in limine moving papers must be served (not filed) at least 14 days before the pretrial filings due date.
Each motion in limine must address a single specific evidentiary issue.
Responding party must serve oppositions to pretrial motions at least 4 days before the pretrial filings due date.