Judge Edward J. Davila
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Complaint, Answer, Cross Complaint, Dispositive Motion
Adjournments
- At least 14 days between final filing and hearing date for motions.
- Live testimony at claim construction requires court order and 14-day advance motion.
- Motions must be filed within 14 calendar days of reserving hearing date.
Communication
Chambers
Phone
Chambers
Page & Word Limits7 rules
No later than 10 days before the Trial Setting Conference, the parties shall file a Joint Trial Setting Conference Statement, not to exceed 10 pages in length, containing the following information:
- Joint trial setting conference statement
- Up to 10 pages
Each motion in limine should be separate and address a single topic. Motions in limine and oppositions to motions in limine shall contain no more than 7 pages of briefing.
- Motions in limine
- Up to 7 pages
One Motion per Party: Unless otherwise permitted by the Court, only one Motion for Summary Judgment, Partial Summary Judgment or Summary Adjudication may be filed by each party.
Cross-motions for summary judgment must be incorporated into opposition brief (max 25 pages).
- Opposition
- Up to 25 pages in total
- Summary adjudication motions
Court's wording
Any Cross-Motion for Summary Judgment, Partial Summary Judgment or Summary Adjudication shall be incorporated into the Opposition to the original like motion. The combined Opposition/Cross-Motion shall not exceed 25 pages in length.
A Reply to the Opposition to the Cross-Motion may be filed and served not more than 7 days after the filing of the combined Reply/Opposition and shall be limited to 15 pages in length.
- Reply
- Up to 15 pages in total
Any opposition to a Cross-Motion shall be incorporated into the Reply to the opposition to the original like motion. The combined Reply/Opposition shall be limited to 15 pages in length.
- Reply
- Up to 15 pages in total
The opening and responsive briefs shall not exceed 25 pages; the reply brief shall not exceed 15 pages.
Document Format Requirements3 rules
Substantive motions must comply with Local Rules 3-4, 7-2, 7-3; footnotes 12pt, double-spaced.
- Font size
- At least 12 points
- Line spacing
- Double
Court's wording
All substantive motions, oppositions and replies must comply with the General Requirements described in Civil Local Rule 3-4 and the page limitations described in Civil Local Rules 7-2 and 7-3 unless permission has been obtained from the Court in advance of filing. Footnotes shall be in no less than 12-point type and shall be double-spaced.
Whenever possible, the spine of a binder containing chambers copies should not exceed three inches in width, even if this limitation results in the use of multiple binders. Documents should be printed on both sides of each sheet of paper.
Formatting
- •Double-sided printing
The hearing will proceed term-by-term with the patentee arguing first on odd-numbered terms.
Document Filing Requirements39 rules
Letters seeking relief are not reviewed; use stipulation/proposed order or motion instead.
Court's wording
Judge Davila does not review or respond to letters or letter briefs providing case information or seeking relief from the Court even if the letter is filed on the docket. All requests requiring the Court to take action shall be made either by Stipulation and Proposed Order or by appropriate motion filed pursuant to the Civil Local Rules.
All motions filed after September 1, 2022, must conform to this Order. Failure to comply with any rule or standing order may be grounds for the imposition of sanctions when appropriate.
All amended complaints shall attach as an exhibit a red-line document showing the changes made to the previously filed complaint.
Proposed orders are not necessary for most substantive motions, such as motions for summary judgment and motions to dismiss. The parties should only file proposed orders in connection with administrative motions, ex parte applications, and motions that ask the Court to order specific injunctive relief (e.g., a motion for a preliminary injunction or an application for a temporary restraining order) or to make factual findings (e.g., a motion to approve a class settlement or a motion for attorneys’ fees). All proposed orders should be sent in Microsoft Word format to ejdpo@cand.uscourts.gov.
Joint Case Management Conference Statement due 10 days before CMC on Thursdays at 10:00 a.m.
Court's wording
Civil Case Management Conferences are heard on Thursdays at 10:00 a.m. The parties shall file a Joint Case Management Conference Statement at least 10 days prior to the Case Management Conference unless the filing of separate statements is authorized by Civil Local Rule 16-9(a).
No later than 14 days before the Final Pretrial Conference, the parties shall file and serve a Joint Final Pretrial Conference Statement containing the following information:
Joint Witness List must be filed 14 days before Final Pretrial Conference.
Court's wording
No later than 14 days before the Final Pretrial Conference, the parties shall file a Joint Witness List which contains a list of witnesses likely to be called at trial, other than solely for impeachment or rebuttal, together with a brief statement following each name describing the substance of the testimony to be given.
Joint Exhibit List must be filed 14 days before Final Pretrial Conference.
Court's wording
No later than 14 days before the Final Pretrial Conference, the parties shall exchange copies of all exhibits, summaries, and diagrams to be used at trial other than solely for impeachment or rebuttal and shall file a Joint Exhibit List which contains a list of all documents and other items to be offered as exhibits at trial, other than solely for impeachment or rebuttal, along with a brief statement for each describing its substance or purpose and the identity of the offering party.
Deposition and discovery designations must be filed 14 days before Final Pretrial Conference.
Court's wording
No later than 14 days before the Final Pretrial Conference, unless otherwise ordered, the parties shall file and serve any excerpts of deposition testimony or other discovery to be offered at trial, other than solely for impeachment or rebuttal.
Jury materials must be jointly filed 10 days before Final Pretrial Conference.
Court's wording
No later than 10 days before the Final Pretrial Conference, unless otherwise ordered, the parties shall jointly file and serve: Proposed jury voir dire questions; Proposed jury instructions; Proposed jury verdict forms; and A short neutral statement of the case which the Court can read to prospective jurors.
Three sets of trial exhibits must be delivered 7 days before trial.
Court's wording
No later than 7 days before the commencement of trial, unless otherwise ordered, the parties shall deliver three sets of all pre-marked exhibits organized in three-ring binders to Judge Davila's Courtroom Deputy.
Any objections to the use of designated experts and any counter-designations or deposition testimony shall be filed and served no later than 10 days prior to the commencement of trial.
Conclusions of law shall be supported by appropriate citation to legal authority.
- Document
- Proposed findings conclusions
Must include
- •Legal argument
Notice of Settlement must be filed immediately with signatures from all parties or attorneys.
Court's wording
The parties shall immediately notify the Court of the settlement of any action by filing a Notice of Settlement which provides an estimate of when the parties expect the action will be finally resolved through stipulated dismissal or otherwise. All parties subject to the settlement or their attorneys shall sign the Notice of Settlement.
Settlement after Final Pretrial Conference requires Notice of Settlement and email to Courtroom Deputy.
Court's wording
For settlements that occur after the Final Pretrial Conference and prior to the commencement of trial, the parties shall immediately file a Notice of Settlement and e-mail a copy of the notice to Judge Davila’s Courtroom Deputy at ejdcrd@cand.uscourts.gov. Jury costs may be assessed for failure to timely file a Notice of Settlement.
Sets of proposed jury instructions shall be submitted both on paper and in Microsoft Word format to Judge Davila’s Courtroom Deputy at ejdcrd@cand.uscourts.gov.
Proposed Findings of Fact and Conclusions of Law shall be submitted both on paper and in Microsoft Word format to Judge Davila’s Courtroom Deputy at ejdcrd@cand.uscourts.gov.
Findings of fact must be in simple numbered declarative sentences without pejorative language.
Court's wording
The findings of fact shall set forth in simple separately-numbered declarative sentences all factual contentions relied upon by the party in support of its claims or defenses and shall be free from pejorative language and argument.
Administrative Request to Appear Telephonically or via Zoom must be filed one week before hearing.
- Document
- Administrative request telephonic appearance
Must include
- •Proposed order
Court's wording
Parties wishing to appear by telephone or via Zoom shall file and serve an Administrative Request to Appear Telephonically or via Zoom and Proposed Order at least one week prior to the scheduled hearing date.
Upon filing, the moving party shall provide the Moving Separate Statement to all other parties in an electronic, word-processing format for ease of response thereto.
- Document
- Motion
Must include
- •Separate statement
Moving separate statement must identify elements, list material facts, and cite undisputed evidence.
- Document
- Motion
Must include
- •Separate statement
Court's wording
For each claim, defense, or part thereof, the Moving Separate Statement must (a) identify the relevant elements or issues, (b) list the asserted material facts establishing those elements or issues, and (c) cite to record evidence demonstrating that the asserted material facts are undisputed (e.g., deposition testimony, declaration or discovery response).
Summary judgment motions must comply with standing order and may be terminated if non-compliant.
Court's wording
Format: All Motions for Summary Judgment, Partial Summary Judgment or Summary Adjudication must comply with the requirements of this Standing Order in addition to any requirements or limitations described in the Federal Rules of Civil Procedure and Civil Local Rules. Any non-compliant motion may be summarily terminated by the Court.
Moving party must include separate statement identifying claims with no genuine issues.
- Document
- Motion
Must include
- •Separate statement
Court's wording
Moving Separate Statement: Any party moving for summary judgment, partial summary judgment or summary adjudication must include a separate, short and concise statement identifying each claim or defense to which the moving party contends there is no genuine issue to be tried.
Opposing party must include responsive separate statement incorporating moving statement and indicating disputed facts.
- Document
- Opposition
Must include
- •Responsive separate statement
Court's wording
Responsive Separate Statement: The papers opposing a Motion for Summary Judgment, Partial Summary Judgment or Summary Adjudication must include one Responsive Separate Statement which (a) incorporates the Moving Separate Statement, (b) indicates whether each of the facts listed in the Moving Separate Statement is disputed or undisputed, and (c) identifies any additional material facts the party contends will establish a genuine issue to be tried.
If the opposing party contends that a fact is in dispute, the opposing party must cite to evidence in the record establishing the dispute.
With regard to disputed terms, the joint statement shall list each term, each party's proposed construction, and support for each party's construction side by side.
For any term in dispute, the parties must agree on the identity of the term.
Any disputed terms, phrases, and clauses (hereinafter, for simplicity, “terms”) shall be designated as disputed; all other terms shall be presumed undisputed.
Parties shall attach to the joint claim construction statement one copy of each patent in dispute.
Parties must comply with this Standing Order and all related court rules and orders.
Court's wording
Parties and counsel shall comply with all aspects of this Standing Order, the Standing Order for Civil Cases, the Federal Rules of Civil Procedure, the Civil and Patent Local Rules, and all General Orders of the Northern District of California.
As an initial matter, the Court will construe only those terms designated by the parties as “most significant” pursuant to Patent L.R. 4-3(c).
The claim construction briefs shall address each of those terms and only those terms.
Exchange exhibits/visual aids one week before hearing; submit 3 bound copies to Court.
Court's wording
No later than one week prior to the tutorial and/or claim construction hearing, counsel shall exchange copies of any exhibits and visual aids, and shall submit to the Court three bound copies of the exhibits and visual aids.
In a joint case management statement to be filed no later than 7 days before the conference, the parties must address the following topics:
Objections to evidence shall be contained within the objecting party’s brief and shall not be filed as a separate pleading.
- Document
- Brief
Must include
- •Objections to evidence
Trials typically held Tuesday, Wednesday, Friday 9:00 AM - 4:30 PM with lunch break.
Court's wording
Trial proceedings are typically conducted on Tuesdays, Wednesdays, and Fridays from 9:00 a.m. to 4:30 p.m., with a break for lunch. The trial schedule may be adjusted and additional sessions may be added at the discretion of the Court.
Parties shall also be prepared to make the complete prosecution history for each patent available to the Court upon request.
Standing Order applies to all patent infringement and declaratory judgment cases before Judge Davila.
Court's wording
Unless otherwise indicated by the Court, this Standing Order applies to all actions asserting claims for patent infringement and for declaratory judgment of non- infringement assigned to Judge Edward J. Davila.
Parties are reminded that proposed constructions should be suitable for incorporation in a jury instruction.
Filing & Service rules
Courtesy Copy Requirements
Chambers copies required for pleadings and dispositive motions; must be marked and mailed/delivered.
The parties are required to submit chambers copies of pleadings (complaints, answers, cross-complaints, etc.) and briefing and supporting materials for dispositive motions. The printed copies shall be marked “Chambers Copy – Do Not File” and shall be clearly marked with the case number and name of the assigned judge. Chambers copies shall be mailed or delivered to the Clerk’s Office.
Civil cases
Page 13 | VIII. CHAMBERS COPIES
Sealing & Redaction Procedures
Separate Motion to Seal required for each pleading; omnibus motions prohibited.
One Motion per Pleading: A separate Motion to Seal must be filed for every pleading sought to be sealed. Omnibus Motions to Seal which seek to seal numerous pleadings shall not be filed.
Civil cases
Page 13 | VIII. CHAMBERS COPIES
Do not submit redacted versions as chambers copies; unredacted copies must indicate sealed portions.
Parties shall not submit redacted versions of the documents that the parties seek to seal as chambers copies. Chambers copies of unredacted documents shall clearly indicate which portions the parties seek to seal.
Civil cases
Page 13 | VIII. CHAMBERS COPIES
Redacted motion must be filed as separate ECF entry when sealing a motion.
When the subject of a sealing request is a motion (such as a Motion to Dismiss or Motion for Summary Judgment), the moving party must file the redacted version of the motion sought to sealed as a separate docket entry on ECF simultaneously with the Motion to Seal. This separate filing shall occur in addition to attaching the redacted version to the Motion to Seal. The moving party shall choose the “motion” event type when uploading the redacted copy to ECF and shall input the reserved hearing date for the motion sought to be sealed.
Civil cases
Page 13 | VIII. CHAMBERS COPIES
For sealed filings, submit only unredacted version; indicate sealed portions.
When all or a portion of a filing has been sealed, the parties shall submit only the unredacted version of that filing. Chambers copies of unredacted documents shall clearly indicate the portions that are subject to sealing orders.
Civil cases
Page 13 | VIII. CHAMBERS COPIES
Motions to seal must comply with Civil Local Rule 79-5 and this Standing Order.
All Motions to Seal relating to any civil matter assigned to Judge Davila must strictly comply with Civil Local Rule 79-5 and this Standing Order. Any non-conforming Motion to Seal may be summarily terminated by the Court.
Civil cases
Filing Bundling Requirements
Cross-motions for summary judgment require meet and confer, four briefs maximum, fourth brief due 14 days before hearing.
Unless otherwise ordered, the parties must meet and confer in advance of the deadline for dispositive motions to determine if they will file cross-motions for summary judgment. If so, only four briefs will be allowed: (1) an opening brief by the plaintiff side; (2) an opening/opposition brief by the defense side; (3) an opposition/reply brief by the plaintiff side; and (4) reply brief by the defense side. The parties may agree to reverse the order, and have the defense file its opening brief first, without order of the Court. Before the first brief is filed, the parties may submit a stipulation and proposed order setting a briefing schedule for the cross- motions. The fourth brief must be filed at least 14 days before the hearing date.
Civil cases
Three-ring binder with all motion papers and jointly prepared charts required after briefing.
Once a hearing date for the motion has been set and the briefing is closed, the moving party shall compile a three ring binder to be lodged with the Court containing (1) the statement of undisputed facts, (2) the motion and any supporting memorandum of law, (3) the opposition memorandum, (4) any reply memorandum, and (5) any exhibits in support or opposition to the motion, which shall be clearly labeled. At the beginning of each binder the moving party shall include jointly prepared charts signed by all parties’ counsel formatted as shown in Attachment B to this order.
Page 7 | VII. Dispositive Motions
Pre-Motion Conference Requirements
Motions in limine must be filed 21 days before Final Pretrial Conference; no replies allowed.
No later than 21 days before the Final Pretrial Conference, unless otherwise ordered, the parties shall file and serve any motions in limine. Oppositions to motions in limine shall be filed and served no later than 14 days before the Final Pretrial Conference. Replies shall not be filed.
Civil cases
Page 6 | Motions in Limine
Joint statement of undisputed facts required for summary judgment motions on infringement/invalidity.
Before filing a summary judgment motion on issues of infringement or invalidity, a party must meet and confer with opposing counsel to prepare one joint statement of undisputed facts. The statement should be filed concurrently with the motion. Separate statements are not permitted.
Page 7 | VII. Dispositive Motions
Daubert motions must be noticed for hearing by dispositive motion hearing date.
Motions pursuant to Daubert v. Merrill Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), challenging the reliability of expert testimony may be noticed for hearing no later than the dispositive motion hearing date.
Civil cases
Adjournment & Extension Requirements
At least 14 days between final filing and hearing date for motions.
Absent good cause, the briefing schedule for motions shall allow at least 14 days between the final filing and the hearing date.
Civil cases
Page 2 | Motions
Motions must be filed within 14 calendar days of reserving hearing date.
Motions must be filed and noticed within 14 calendar days of reserving a hearing date with Judge Davila’s Courtroom Deputy. Failure to timely file any motion will result in the expiration of the hearing reservation without further notice to the parties.
Civil cases
Page 2 | Motions
Trial continuance requests must follow Civil Local Rule 40-1.
Any request to continue a scheduled trial date must be made in accordance with Civil Local Rule 40-1. Jury costs may be assessed for failure to proceed with a scheduled trial.
Civil cases
Page 8 | Settlement and Continuances
Live testimony at claim construction requires court order and 14-day advance motion.
Live testimony at claim construction is disfavored; it will be allowed only by court order upon an administrative motion explaining why the testimony would be useful. Such a motion must be filed at least 14 days before the hearing.
Page 5 | D. Claim Construction
Chambers Communication Rules
No ex parte communication with Judge Davila or chambers staff without advance authorization.
Parties and counsel shall not engage in any ex parte communication with Judge Davila or his chambers staff by telephone, facsimile, e-mail or any other means unless such contact has been authorized in advance.
Civil cases
Page 1 | COMMUNICATION WITH THE COURT
Demonstratives must be exchanged and submitted 48 hours before hearing.
Any demonstratives or presentations to be used at a hearing must be exchanged with opposing counsel and submitted to the Court at least 48 hours before the hearing. Parties shall provide electronic copies of the demonstratives or presentations to Judge Davila’s Courtroom Deputy, Cheré Robinson, at ejdcrd@cand.uscourts.gov.
Civil cases
Page 2 | Motions
Civil motions heard Thursdays at 9:00 AM by reservation only.
Civil Motions are heard on Thursdays at 9:00 a.m. by reservation only. Parties and counsel may reserve a hearing date by contacting Judge Davila’s Courtroom Deputy, Cheré Robinson, at ejdcrd@cand.uscourts.gov.
Civil cases
Page 2 | Motions
Final Pretrial Conferences on Thursdays at 11:00 a.m., meet and confer 21 days prior.
Final Pretrial Conferences are heard on Thursdays at 11:00 a.m. No later than 21 days before the Final Pretrial Conference, lead counsel who will try the case shall meet and confer with respect to:
Civil cases
Page 4 | Final Pretrial Conferences
Moving party generally not granted telephonic appearance on motions.
In addition, the Court will not generally grant a request by the moving party on a motion.
Civil cases
Page 8 | Telephonic Appearances
Telephonic appearances generally denied for parties/counsel in Bay Area counties.
Absent compelling circumstances, the Court will not grant a request to appear telephonically for parties or counsel who reside or have an office located within any of the Bay Area counties (Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa Clara, and Sonoma) or those other counties covered by the San Jose Division (Monterey, San Benito, and Santa Cruz).
Civil cases
Page 8 | Telephonic Appearances
If a request to appear telephonically is granted, the party granted remote appearance must contact the Courtroom Deputy for specific instructions on appearing remotely. To ensure the quality of the record, the parties should avoid the use of mobile phones, speakerphones, public telephone booths, or phones in other public places.
If a request to appear telephonically is granted, the party granted remote appearance must contact the Courtroom Deputy for specific instructions on appearing remotely. To ensure the quality of the record, the parties should avoid the use of mobile phones, speakerphones, public telephone booths, or phones in other public places.
Civil cases
Page 8 | Telephonic Appearances
Contact Judge Davila's Courtroom Deputy for scheduling inquiries.
Parties and counsel may contact Judge Davila’s Courtroom Deputy, Cheré Robinson, at (408) 535-5356 or ejdcrd@cand.uscourts.gov with any inquiries regarding scheduling or any other matter.
Civil cases
Page 1 | COMMUNICATION WITH THE COURT
No tentative rulings issued; submitted matters remain under submission.
Judge Davila does not issue tentative rulings on upcoming matters. Any matters that are taken under submission shall remain submitted until further order of the Court.
Civil cases
Page 2 | Motions
Trial Setting Conferences are heard on Thursdays at 11:00 a.m. Civil actions will be scheduled for a Trial Setting Conference approximately 30 days before the close of fact discovery or on another date selected by the Court.
Trial Setting Conferences are heard on Thursdays at 11:00 a.m. Civil actions will be scheduled for a Trial Setting Conference approximately 30 days before the close of fact discovery or on another date selected by the Court.
Civil cases
Page 3 | Trial Setting Conferences
In-person appearances encouraged for Law and Motion and Case Management/Pretrial Conferences.
The Court encourages in-person appearances for Law and Motion and Case Management/Pretrial Conferences. However, the Court will consider requests to appear telephonically or via Zoom on a case-by-case basis.
Civil cases
Page 8 | Telephonic Appearances
Disputes over Patent Disclosures and amendment requests are referred to the assigned Magistrate Judge.
Any dispute regarding any party's Patent Disclosures are referred to the assigned Magistrate Judge. Requests to amend a party's Infringement or Invalidity Contentions are likewise referred to the assigned Magistrate Judge.
Page 1 | II. Patent Disclosures
Junior Lawyer Participation Incentives
Law firms with >30 lawyers must submit junior lawyer participation plan in Joint Case Management Conference Statement.
In the Joint Case Management Conference Statement, any law firm with more than 30 lawyers nationwide must submit a specific plan for how it intends, in the case, to provide opportunities to junior lawyers (six years or fewer years out of law school) to argue motions in court, to take depositions, and to examine witnesses at trial. Specific junior lawyers must be identified.
Civil cases
Page 8 | Opportunities for Junior Lawyers
Parties may indicate junior lawyer will argue motion in motion papers.
Parties may indicate in their motion papers if they intend to have a junior lawyer argue the motion and request a hearing for that purpose.
Civil cases
Page 8 | Opportunities for Junior Lawyers
Court encourages junior lawyers to have important roles in hearings and trial.
Opportunities for Junior Lawyers. The Court strongly encourages parties to permit less experienced lawyers to have an important role in hearings and at trial.
Page 7 | VIII. Miscellaneous