Courtesy copies are required for all covered filings. Details: 1 copy, delivery upon filing, by hand delivery. Chambers copies required for all electronically filed documents with specific formatting.
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: 15 pages; 10 pages; 15 pages. Page limits: 15/10 pages for most motions, 25/15 pages for summary judgment and class certification
Judge James Donato's formatting rule includes double spacing, margins left 0.5 inches, three hole punched, ecf stamp required, chambers copy label required, and envelope labeling required. Chambers copies must be double-sided, three-hole punched, ECF stamped, and marked 'Chambers Copy -- Do Not File'
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. Judge James Donato's rules include a junior lawyer participation incentive. Court guarantees oral argument for lawyers with 6 or fewer years of experience
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.
Chambers copies required for all electronically filed documents with specific formatting.
Sealed documents filed with Oakland Clerk's Office; chambers copy to San Francisco.
Plea agreement or open plea notification required by 10:00 AM day before plea.
Criminal discovery procedures strictly enforced per Local Rule 16-1 and Federal Rules.
Sentencing Memoranda encouraged but not required.
Joint case management statement must be filed 7 days before conference.
Failure to file joint statement requires declaration and may result in sanctions.
Civil case management conferences held Thursdays at 10:00 AM in Courtroom 11.
Telephonic appearances require 3-day advance approval for exceptional circumstances.