Judge James Donato
Limits & Logistics
Document Limits
Courtesy Copies
Filings (All filings)
Required • Binding: Three Ring Binder
Filings (Complaint, Notice Of Removal, Case Management Conference Statement, Stipulation, Motion, Opening Brief, Opposition Brief, Reply Brief, Declaration, Exhibit, Discovery Dispute Letter)
Required
Adjournments
Must Include
- 1Reason For Request
- 2Good Cause Demonstration
Must Include
- 1Reason For Request
- 2Good Cause
Must Include
- 1Reason For Request
- 2Justification
- 3Good Cause
Communication
Chambers
Phone
Chambers
Letter Ecf
Chambers
Letter Fax
Clerk
Phone
Chambers
Detailed Drafting Rules
Opening and opposition briefs limited to 20 pages; reply brief limited to 10 pages.
Claim construction briefs must address each disputed term, but only those that are truly disputed, following the order of the joint statement. The opening and opposition briefs may not exceed 20 pages; the reply brief may not exceed 10 pages.
Tutorial may be scheduled 1-2 weeks before claim construction hearing with 30-45 minute presentations by non-counsel.
The Court may schedule a tutorial to occur one to two weeks prior to the claim construction hearing. Each side will generally be permitted 30-45 minutes to present a short summary and explanation of the technology at issue. The patent holder makes the first presentation. Demonstrations and visual aids are encouraged. The Court has a strong preference for individuals other than counsel to make the presentations. Inventors, company personnel and individuals who work directly with the technology are often good candidates. Counsel may make introductory remarks. No argument is permitted. The proceeding is not recorded and parties may not use or rely on statements made at the tutorial in the litigation.
Direct to: Chambers
- Status Inquiries
Technology synopsis (max 12 pages) due 7 court days before tutorial, neutral overview only.
If a tutorial is scheduled, each party should file a written technology synopsis that provides, in plain and accessible language, background information about the technology and science to be discussed at the tutorial. The synopsis is due at least 7 court days before the tutorial, and should not exceed 12 pages. Do not include a rewrite of any portion of the patent or claim construction statements, or argument on any legal issue such as invalidity, infringement, patentability and so on. The synopsis should be a neutral overview of the technology related to the tutorial.
Document Type
Technology Synopsis
Court may appoint neutral expert under FRE 706, parties split cost equally.
Depending on the technology involved, the Court may determine that the assistance of a neutral expert would be helpful. In that case, the Court may direct the parties to confer and, if possible, reach an agreement as to three experts in the field who would be appropriate to act as a neutral expert to assist the Court during the claim construction proceedings and/or the trial. The Court will then choose one to appoint as a neutral expert pursuant to Federal Rule of Evidence 706. The parties will split the cost of the expert equally.
Direct to: Chambers
- Status Inquiries
Prehearing conferences not held; telephone conference may be requested within 2 weeks of hearing.
Prehearing conferences generally are not held. However, either party may request a telephone conference within two weeks prior to the hearing, or the parties may address any prehearing issues at the tutorial.
Phone
Direct to: Chambers
- Hours9:00 AM - 5:00 PM
Opening briefs due 6 weeks before claim construction hearing, Patent L.R. 4-5 briefing schedule applies.
Opening briefs in support of claim construction must be filed at least six weeks before the date of the claim construction hearing, and the briefing schedule set forth at Patent Local Rule 4-5 will apply.
Direct to: Chambers
- Status Inquiries
Extrinsic evidence not ordinarily heard; telephone conference may be requested within 2 weeks if testimony needed.
The Court will not ordinarily hear extrinsic evidence at the claim construction hearing. Should it become apparent that testimony will be necessary, counsel may request a telephone conference with the Court within two weeks of the hearing to seek the Court's approval.
Phone
Direct to: Chambers
- Hours9:00 AM - 5:00 PM
Demonstrative exhibits allowed if based on filed papers; exchange copies 48 hours before hearing.
Demonstrative exhibits and visual aids are permissible at the hearing as long as they are based on information contained in the papers already filed. Counsel will exchange copies of exhibits no later than 48 hours prior to the hearing.
Direct to: Chambers
- Status Inquiries
Claim construction hearing generally 3 hours Thursday afternoon; special setting requires telephone conference.
The claim construction hearing generally will be scheduled for no longer than 3 hours on a Thursday afternoon. The Court, however, will specially set the hearing on a different day and for a longer period of time if warranted. Counsel should request a telephone conference with the Court as soon as it is apparent that a special setting is necessary.
Phone
Direct to: Chambers
- Hours9:00 AM - 5:00 PM
Joint case management status report required after claim construction ruling addressing 6 specific topics.
Upon issuance of the claim construction ruling, the Court will also set a date for the filing of a further joint case management status report. In that report, the parties must address the following topics: a. whether either party wishes the Court to certify the claim construction ruling for immediate appeal to the Federal Circuit; b. the filing of dispositive motions, and the timing of those motions; c. if willful infringement has been asserted, whether the allegedly-infringing party wishes to rely on the advice of counsel defense. If so, the parties should be prepared to address proposals for resolving any attorney-client privilege issues that arise, and whether the parties believe bifurcation of the trial into liability and damages phases would be appropriate; d. anticipated post-claim construction discovery; e. any other pretrial matters; and f. the progress of settlement discussions, if any.
Direct to: Chambers
- Status Inquiries
Civil case management conferences held Thursdays at 10:00 AM in Courtroom 11.
Civil case management conferences are held on Thursdays at 10:00 a.m. in Courtroom 11, 19th Floor, United States Courthouse, 450 Golden Gate Avenue, San Francisco, California.
Phone
Direct to: Chambers
- Advance Notice Required3 court days
- Hours9:00 AM - 5:00 PM
- Status Inquiries
Telephonic appearances require 3-day advance approval for exceptional circumstances.
Telephonic appearances are rarely permitted at case management conferences or motion hearings, except in exceptional circumstances and with the Court’s prior approval issued at least three court days before the appearance date.
Phone
Direct to: Chambers
- Advance Notice Required3 court days
- Hours9:00 AM - 5:00 PM
- Status Inquiries
Chambers copies must be double-sided, three-hole punched, ECF stamped, and marked 'Chambers Copy -- Do Not File'
All chambers copies must be double-sided, three-hole punched at the left margin and marked with the ECF stamp (case number, document number, date and page number). These printed copies should be marked “Chambers Copy -- Do Not File” and placed in an envelope clearly labeled with the judge’s name and case number.
For voluminous filings, use binder clips or three-ring binders; use side tabs for multiple attachments
For voluminous filings, chambers would appreciate the use of binder clips rather than staples, or submission in three-ring binders. For documents with multiple attachments (e.g., declarations with exhibits, requests for judicial notice and so on), please use side tabs that clearly separate each attached document.
Page limits: 15/10 pages for most motions, 25/15 pages for summary judgment and class certification
Except for summary judgment and class certification motions, opening and opposition briefs may not exceed 15 pages, and reply briefs may not exceed 10 pages. For summary judgment and class certification motions, opening and opposition briefs may not exceed 25 pages, and reply briefs may not exceed 15 pages.
Page limits for summary judgment and class certification: 25/15 pages for opening/opposition, 15 pages for reply
For summary judgment and class certification motions, opening and opposition briefs may not exceed 25 pages, and reply briefs may not exceed 15 pages.
Letters to Court prohibited except for discovery disputes.
Please do not send any letters to the Court except for discovery disputes as detailed in the Court's Standing Order for Discovery in Civil Cases.
Letter via ECF
Direct to: Chambers
- Status Inquiries
Letters to Court must identify representing party.
When corresponding with the Court by letter, always identify the party you represent.
Letter via ECF
Direct to: Chambers
- Status Inquiries
Deliveries must go to Clerk's office, not chambers.
Do not messenger anything directly to chambers. Deliveries must be directed to the Clerk's office and are never accepted by chambers personnel.
Letter Fax
Direct to: Clerk
- Status Inquiries
Contact Courtroom Deputy Lisa Clark at (415) 522-2066 for appropriate inquiries.
You may contact the Courtroom Deputy, Lisa Clark, at (415) 522-2066 with appropriate inquiries.
Phone
Direct to: Chambers
- Status Inquiries
Telephone contact with chambers staff prohibited except for letters.
Except for the letters described above, please do not attempt to make contact by telephone or any other ex parte means with chambers staff.
Phone
Direct to: Chambers
- Status Inquiries
Highest level of decorum and respect required in courtroom.
Counsel and parties are required to conduct themselves with the highest level of decorum and respect for each other and Court and chambers personnel while in the courtroom.
Phone
Direct to: Chambers
- Status Inquiries
Electronic devices must be turned off; no electronic communications allowed.
Cell phones and all other electronic devices must be turned off; no texting, e-mailing, or other electronic communications are permitted.
Phone
Direct to: Chambers
- Status Inquiries
Avoid conversation in gallery unless necessary for appearance.
While sitting in the gallery, counsel and parties should avoid conversation unless absolutely necessary for the appearance.
Phone
Direct to: Chambers
- Status Inquiries
All communications must be directed to Court once case is called.
Once a case is called and counsel appear, all communications must be directed only to the Court.
Phone
Direct to: Chambers
- Status Inquiries
Counsel cannot address each other directly without Court permission.
Counsel shall not address each other directly unless the Court expressly permits them to do so.
Phone
Direct to: Chambers
- Status Inquiries
Separate standing orders exist for civil jury trials, discovery, and patent cases.
The Court has separate standing orders for civil jury trials, discovery in civil cases, and patent cases. They are available for review at the website for the United States District Court for the Northern District of California at www.cand.uscourts.gov/jdorders.
Phone
Direct to: Chambers
- Status Inquiries