Judge Ernest Gonzalez
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Brief, Summary Judgment Motion, Daubert Motion
Courtesy copies
- Before Hearing
Adjournments
- The Court may extend the response to the Complaint by up to 45 days if the parties agree; longer extensions are disfavored and require a motion.
Communication
Chambers
Clerk
Page & Word Limits14 rules
The responding party has three business days⁵ to provide an email response, also not to exceed 500 words for one issue or 1,000 words for multiple issues.
- Word limit
- Up to 500 words
- Multiple issue response
- Up to 1,000 words
The summary of the issue shall not exceed 500 words for one issue or 1,000 words for multiple issues.
- Word limit
- Up to 500 words
- Multiple issue summary
- Up to 1,000 words
The following page limits and briefing schedule apply to motions to transfer: 1. Complaint – 15 pages 2. Response – 15 pages, due 14 days after the completion of venue or jurisdictional discovery if conducted; otherwise, 14 days after the Complaint 3. Reply – 5 pages, due 14 days after the Response
- Complaint
- Up to 15 pages
- Response
- Up to 15 pages
- Reply
- Up to 5 pages
The page limits apply collectively for coordinated and consolidated cases;
| Opening (Defendant) | 20 pages | 30 pages | 30 pages, plus 5 additional pages for each patent over 5 up to a maximum of 45 pages |
| Sur-Reply (Plaintiff) | 10 pages | 15 pages | 15 pages, plus 2 additional pages for each patent over 5 up to a maximum of 21 pages |
| Reply (Defendant) | 10 pages | 15 pages | 15 pages, plus 2 additional pages for each patent over 5 up to a maximum of 21 pages |
| Response (Plaintiff) | 20 pages | 30 pages | 30 pages, plus 5 additional pages for each patent over 5 up to a maximum of 45 pages |
7. The Court does not limit the number of Motions for Summary Judgment (MSJs) or Daubert motions⁶ a party may file. Absent leave of Court, the cumulative page limit for opening briefs for all MSJs is 40 pages per side, for all Daubert motions is 40 pages per ⁶ Including any motion filed after opening expert reports that seeks to strike or preclude any part of an expert report for any reason, including procedural reasons.
- Page limit
- Up to 40 pages in total per side
Exception
More pages with leave of court
Reply brief page limits shall be governed by the local rules, but in no event shall the cumulative pages of Reply briefs exceed 20 pages per side for all MSJs, 20 pages per side for all Daubert motions, and 10 pages for all MILs.
The 10-page limit for case-management motions applies, among other examples, to motions to stay, for continuance, and to amend pleadings, contentions, or scheduling orders.
- Case management motion
- Up to 10 pages
Court's wording
With respect to calculating page limits for motions not otherwise addressed in this Order, at least the following are examples of motions the Court considers to be "case management motions" where the 10-page limit applies: Motions to Stay, Motions for Continuance, and Motions to Amend Pleadings, Contentions, or Scheduling Orders.
The cumulative pages for responsive briefs shall be no more than cumulative pages utilized in the opening briefs.
Each responsive MSJ, Daubert motion, and MIL is limited to the pages utilized in the opening brief or by the local rules, whichever is greater.
When exceptional circumstances warrant, the Court will consider reasonable requests to adjust these limits.
Document Format Requirements5 rules
Parties shall send an editable version of the proposed order to the Court's law clerks with any disputed language in red and blue text.
Formatting
- •The proposed order must be sent in editable form
- •Any disputed language must be in red and blue text
A pleading, motion, or other submission shall be typed or printed in 12-point or larger font (including footnotes), double-spaced, on paper sized 8½" x 11" with one-inch margins on all sides and shall be endorsed with the style of the case and the descriptive name of the document.
- Font size
- At least 12 points
- Line spacing
- Double
- Margins
- 1 inch
- Paper size
- Letter
- Pleading
- Motion
Formatting
- •Typed or printed; font size must be 12-point or larger, including footnotes
Technology tutorials are optional. If the parties submit one, the tutorial should be in electronic ===== PAGE 8 ===== form, with voiceovers, and submitted at least 10 days before the Markman hearing.
The Court encourages the parties to provide their submission in a Word document in the following table format:
Formatting
- •The Court encourages use of the following table format
Headings, footnotes, and quotations more than two lines long may be single-spaced.
Document Filing Requirements29 rules
The parties must meet and confer before jointly filing the CRSR.
The Defendant's § 101 contention must identify the alleged ineligible concept and conventional elements and produce supporting prior art to the extent it is not duplicative of §§ 102 and 103 contentions.
Court's wording
The § 101 contention shall: (1) identify the alleged abstract idea, law of nature, and/or natural phenomenon in each challenged claim; (2) identify each claim element alleged to be well-understood, routine, and/or conventional; and (3) produce prior art for the contention that claim elements are well-understood, routine, and/or conventional to the extent not duplicative of §§ 102 and 103 prior art contentions.
If the parties cannot agree, the parties shall submit a joint motion for entry of a Scheduling Order briefly setting forth their scheduling disagreement(s).
Within seven days of a discovery hearing, the parties shall email a Joint Proposed Order to the Court's law clerk including the parties' positions from their dispute chart, the parties' requested relief, and the parties' understanding of the Court's ruling so that the arguments and outcome can be docketed.
- Document
- Joint proposed order
Must include
- •Proposed order
Failure to provide a proposed written order for the docket will result in waiver of the dispute for appeal.
Parties shall file a notice of venue or jurisdictional discovery if the discovery will delay a response to a transfer or jurisdictional motion.
jurisdiction: each party is limited to five interrogatories, 10 Requests for Production, and 10 hours of deposition testimony.
An agreement to dismiss under this section shall be filed as a Joint Notice rather than a motion.
The party moving to dismiss must attach a Certification of Compliance with this OGP to its motion to dismiss.
If a party is not represented by an outside attorney, disclosure of the confidential document or information is limited to one designated “in-house” attorney, whose identity and job functions must be disclosed to the producing party five days prior to any such disclosure to permit any motion for protective order or other relief regarding such disclosure.
After briefing concludes, the parties shall file a Joint Claim Construction Statement and email an editable copy to the Court's law clerks.
5. The Plaintiff must file a notice informing the Court when an IPR is filed, the expected time for an institution decision, and the expected time for a final written decision, within two weeks of the filing of the IPR.
For all non-dispositive motions, the parties must submit a proposed Order (omitting the word "Proposed" from the title).
- Document
- Non-dispositive motion
Must include
- •Proposed order
When citing cases or exhibits in a motion, parties must pin cite the sections relied upon.
For any motion referencing an expert report (e.g., motions to strike, Daubert motions, and summary judgment motions), the Court requires full copies of the expert report attached as an exhibit.
Any amendment to add patent claims requires leave of court so that the Court can address any scheduling issues.
All parties using generative AI to draft or assist in drafting pleadings must include a Certificate of Generative Artificial Intelligence Usage disclosing AI use, certifying accuracy verification, and certifying no confidential disclosure; applies to civil, criminal, and pro se cases.
- Document
- Certificate
Must include
- •AI disclosure
Court's wording
If counsel utilizes generative artificial intelligence to draft or assist in drafting a pleading, counsel must include with the pleading a “Certificate of Generative Artificial Intelligence Usage,” an example of which is appended to this Standing Order as Appendix C. The certificate must disclose the use of generative artificial intelligence and certify that counsel has independently verified the accuracy of any portion of the document drafted or assisted by the tool. Counsel must further certify that the use of generative artificial intelligence has not resulted in the disclosure of confidential or privileged information to an unauthorized party. The Court hereby extends the certification requirements of Section 11(a) to parties appearing before the Court in all cases, including civil cases. An example of such certificate is appended to this Order as Appendix A.
The specific relief requested should propose the exact language to be issued in a court order for each part of every disputed issue. The specific relief requested does not count toward the word limit.
Parties filing a motion to transfer should provide status reports at the specified readiness and pre-Markman milestones.
Court's wording
All parties that file a motion to transfer should provide the Court with a status report indicating whether the motion has been fully briefed at each of the following times: (1) when the motion to transfer becomes ready for resolution; (2) four weeks before the Markman hearing date if the motion to transfer remains unripe for resolution; and (3) if there are multiple Markman hearings, six weeks before the first scheduled Markman hearing.
The “presumed limit” is the maximum number of terms that each side may request the Court to construe without further leave of Court.
The Court will enforce presumed limits on the number of claim terms to be construed.
When the parties submit their Joint Claim Construction Statement, in addition to the term and the parties’ proposed constructions, the parties should indicate which proposed a term, or if there was a joint proposal.
In general, tutorials should be: (1) directed to the underlying technology (rather than argument related to infringement or validity); and (2) limited to 15 minutes per side.
The parties may amend preliminary infringement contentions and preliminary invalidity contentions without leave of court so long as counsel certifies that it undertook reasonable efforts to prepare its preliminary contentions, and the amendment is based on material identified after those preliminary contentions were served.
3 business days before Final Pretrial Conference. | File joint notice identifying remaining objections to pretrial disclosures and disputes on motions *in limine*.
The party will have leave to re-plead those allegations with specificity if supported by a good faith basis under Rule 11.
The Court encourages parties to highlight or annotate relied-upon sections of exhibits or expert reports.
Court's wording
The Court also encourages parties to highlight and/or annotate the relied-upon sections of exhibits or expert reports (e.g., patents, transcripts, contracts) to facilitate the Court's analysis of the motion.
For Markman briefs, the parties should also include a copy of all patents-in-suit and an editable copy of the Joint Claim Construction Statement.
A supporting declaration should identify if any exhibit is highlighted or annotated.
Filing & Service rules
Filing Timing and Cure Windows
The parties must jointly file the CRSR within seven days after the applicable defendant or defendant group responds to the initial pleadings.
(a) within seven days after the Defendant (or at least one Defendant among a group of related Defendants sued together) responds to the initial pleadings in cases where there are no CRSR Related Cases; or (b) when there are CRSR Related Cases, within seven days after the last Defendant (or last Defendant group when at least one Defendant among the group has responded) among the CRSR Related Cases responds to the initial pleadings.
Civil cases
Page 1 | I. NOTICE OF READINESS
The parties must file a motion to enter an agreed Scheduling Order two weeks after the CMC, generally tracking the attached model schedule.
Two weeks after the CMC: the parties shall file a motion to enter an agreed Scheduling Order that generally tracks the model schedule attached as Exhibit A.
Civil cases
Page 2 | II. GENERAL DEADLINES
The responding party must provide its email response within three business days.
The responding party has three business days⁵ to provide an email response, also not to exceed 500 words for one issue or 1,000 words for multiple issues.
Civil cases
Page 4 | IV. DISCOVERY DISPUTES
The joint proposed order must be emailed to the Court’s law clerk within seven days after the discovery hearing.
Within seven days of a discovery hearing, the parties shall email a Joint Proposed Order to the Court's law clerk including the parties' positions from their dispute chart, the parties' requested relief, and the parties' understanding of the Court's ruling so that the arguments and outcome can be docketed.
Civil cases
Page 4 | IV. DISCOVERY DISPUTES
After the filing deadline, a movant must show good cause for delay and seek leave of court.
Thereafter, a movant must show good cause for any delay and seek leave of court.
Civil cases
Page 5 | VI. MOTIONS FOR TRANSFER
The Reply to a motion to transfer is due 14 days after the Response.
3. Reply – 5 pages, due 14 days after the Response
Civil cases
Page 5 | VI. MOTIONS FOR TRANSFER
The Defendant’s reply is due two weeks after the response is filed.
The deadline for the Defendant's Reply is two weeks after the filing of the response.
Civil cases
Page 5 | VI. MOTIONS FOR TRANSFER
The Plaintiff’s response to a motion to transfer is due two weeks after venue or jurisdictional discovery is completed.
The deadline for the Plaintiff's Response is two weeks after the completion of venue or jurisdictional discovery.
Civil cases
Page 5 | VI. MOTIONS FOR TRANSFER
When a Markman hearing is postponed under the OGP, fact discovery begins one day after the hearing’s originally scheduled date.
Whenever a Markman hearing is postponed pursuant to this OGP, fact discovery will begin one day after the originally scheduled Markman hearing date.
Civil cases
Page 5 | VI. MOTIONS FOR TRANSFER
Venue or jurisdictional discovery opens automatically when an initial venue or jurisdictional motion is filed and must be completed within 10 weeks of filing.
Venue or jurisdictional discovery automatically opens upon the filing of an initial venue or jurisdictional motion and shall be completed no later than 10 weeks after the filing of such motions.
Civil cases
Page 5 | V. VENUE & JURISDICTIONAL DISCOVERY
The Response to a motion to transfer is due 14 days after venue or jurisdictional discovery is completed, if conducted, or otherwise 14 days after the Complaint.
2. Response – 15 pages, due 14 days after the completion of venue or jurisdictional discovery if conducted; otherwise, 14 days after the Complaint
Civil cases
Page 5 | VI. MOTIONS FOR TRANSFER
Responses to venue or jurisdictional discovery requests are due within 20 days.
The time to respond to such discovery requests is reduced to 20 days.
Civil cases
Page 5 | V. VENUE & JURISDICTIONAL DISCOVERY
A motion to transfer must be filed by the later of three weeks after the CMC or eight weeks after receiving or waiving service of the Complaint.
Any motion to transfer must be filed within three weeks after the CMC or within eight weeks of receiving or waiving service of the Complaint, whichever is later.
Civil cases
Page 5 | VI. MOTIONS FOR TRANSFER
The patent owner may re-plead the allegations within three months after fact discovery opens, and fact discovery on those allegations is permitted during that period.
Under this agreement, the patent owner may re-plead those allegations within three months after fact discovery opens, and the parties agree to permit fact discovery on indirect and willful infringement during those three months.
Civil cases
Page 6 | VII. MEET AND CONFER REQUIREMENT FOR EARLY MOTIONS TO DISMISS INDIRECT AND WILLFUL INFRINGEMENT
The Plaintiff must update AO 120 with relevant case changes within 10 days of any new changes.
4. Within 10 days of any new changes relevant to AO 120 (Report on the Filing or Determination of an Action Regarding a Patent or Trademark), the Plaintiff must update the form with any new changes to the case, such as amended complaints or new claims.
Civil cases
Page 8 | X. GENERAL ISSUES
Within three business days after the sur-reply is submitted, parties must submit the Joint Claim Construction Statement and email an editable copy to the law clerks.
3 business days after submission of sur-reply | Parties submit Joint Claim Construction Statement and email the law clerks an editable copy.
Civil cases
Page 12 | XII. APPENDIX A – MODEL SCHEDULE
The parties must file a Joint Report about the meet-and-confer results within five business days.
The parties shall file a Joint Report within five business days regarding the results of the meet and confer.
Civil cases
Page 14
From the specified date, parties must file notice of changes to asserted patents or claims within seven days, including a complete listing; when leave is required, the seven-day period begins when leave is granted.
From this date onwards, the parties are obligated to notify the Court of any changes to the asserted patents or claims. Such notification shall be filed on the docket within seven days of the change and shall include a complete listing of all asserted patents and claims. If a change to the asserted patents or claims requires leave of court, notification shall not be required until the Court grants leave, at which point the notification must be filed within seven days.
Civil cases
Page 14
If the parties do not agree, the Plaintiff is responsible for timely submitting the Scheduling Order motion and other joint filings.
Absent agreement of the parties, the Plaintiff shall be responsible for the timely submission of this and other joint filings.
Civil cases
Page 2 | II. GENERAL DEADLINES
If a motion to transfer remains pending, the Court will resolve it before the Markman hearing or postpone the hearing.
If a motion to transfer remains pending, the Court will either promptly resolve the pending motion before the Markman hearing or postpone the hearing.
Civil cases
Page 5 | VI. MOTIONS FOR TRANSFER
Parties should amend preliminary contentions seasonably after identifying new material.
The parties should do so seasonably upon identifying any such material.
Civil cases
Page 11 | XII. APPENDIX A – MODEL SCHEDULE
Service and Proof of Service Rules
Seven weeks after the CMC, the Defendant must serve preliminary invalidity contentions containing the specified prior-art chart and identifications.
Seven weeks after the CMC: the Defendant shall serve preliminary invalidity contentions in the form of: (1) a chart setting forth where in the prior art references each element of the asserted claim(s) are found; (2) an identification of any limitations the Defendant contends are indefinite or lack written description under § 112; and (3) an identification of any claims the Defendant contends are directed to ineligible subject matter under § 101.
Civil cases
Page 2 | II. GENERAL DEADLINES
No later than seven days before the CMC, the plaintiff must serve a Preliminary Infringement Contentions chart and identify and produce the specified claim-related information and documents.
Not later than seven days before the CMC: the Plaintiff shall serve a Preliminary Infringement Contentions chart setting forth where, in the accused product(s), each element of the asserted claim(s) is found. The plaintiff must identify the priority date (i.e., the earliest date of invention) for each asserted claim and produce: (1) all documents evidencing conception and reduction to practice for each claimed invention; and (2) a copy of the file history for each patent in suit.
Civil cases
Page 2 | II. GENERAL DEADLINES
Courtesy Copy Requirements
If a technical advisor is appointed, each party must deliver the referenced materials to the advisor on a USB drive 10 days before the hearing.
If the Court appoints a technical advisor, each party shall deliver the same to the technical advisor on a USB drive 10 days before the hearing.
Civil cases
Page 9
Unless the parties agree otherwise, the Plaintiff must provide the electronic copies via Box.
Absent agreement to the contrary, the Plaintiff shall be responsible for providing the electronic copies via Box.
Civil cases
Page 9
Physical copies of Markman briefs, summary judgment motions, and Daubert motions are no longer required.
The Court no longer requires physical copies of Markman briefs, summary judgment motions, and Daubert motions.
Civil cases
Page 9
Pre-Motion Conference Requirements
Before filing a motion to compel discovery, lead counsel must meet and confer in good faith and the party must contact the Court’s law clerks to summarize the dispute and the parties’ positions.
A party may not file a Motion to Compel Discovery unless: (1) lead counsel with decision-making authority has met and conferred in good faith to resolve the dispute; and (2) the party has contacted the Court's law clerks to summarize the dispute and the parties' respective positions.
Civil cases
Page 3 | IV. DISCOVERY DISPUTES
Before seeking dismissal of indirect or willful infringement claims before fact discovery, a party must meet and confer about dismissing the allegations without prejudice.
Any party seeking to dismiss claims of indirect or willful infringement before fact discovery must first meet and confer with the opposing party to discuss dismissing those allegations without prejudice.
Civil cases
Page 5 | VII. MEET AND CONFER REQUIREMENT FOR EARLY MOTIONS TO DISMISS INDIRECT AND WILLFUL INFRINGEMENT
Markman briefing must be non-simultaneous and is subject to the stated default page limits.
The Court will require non-simultaneous *Markman* briefings with the following default page limits.
Civil cases
Page 6 | IX. CLAIM CONSTRUCTION
A party seeking expanded discovery limits must meet and confer; if the parties reach an impasse, the requesting party contacts the Court’s law clerks for a telephonic hearing.
If a party believes these limits should be expanded, the party shall meet and confer with opposing counsel and, if there is an impasse, the requesting party will contact the Court's law clerks for a telephonic hearing.
Civil cases
Page 5 | V. VENUE & JURISDICTIONAL DISCOVERY
If the Court grants leave to construe additional terms, it may split the Markman hearing into multiple hearings depending on the terms’ complexity and number.
If leave is granted for additional terms to be construed, depending on the complexity and number of terms, the *Markman* hearing may be split into multiple hearings.
Civil cases
Page 6 | IX. CLAIM CONSTRUCTION
Adjournment & Extension Requirements
After a trial date is set, the Court will move it only in extreme situations; parties who believe a continuance is warranted should contact the Court's law clerks.
6. After the trial date is set, the Court will not move the trial date except in extreme situations. If a party believes that the circumstances warrant a continuance, the parties should contact the Court's law clerks.
Civil cases
Page 8 | X. GENERAL ISSUES
The Court may extend the response to the Complaint by up to 45 days if the parties agree; longer extensions are disfavored and require a motion.
2. The Court may extend the response to the Complaint up to 45 days if agreed by the parties. Extensions beyond 45 days from the filing the original Answer are disfavored and require a motion.
Civil cases
Page 8 | X. GENERAL ISSUES
Chambers Communication Rules
When filing a Scheduling Order, the parties must jointly send an editable copy to the Court's law clerks.
When filing any Scheduling Order, the parties shall also jointly send an editable copy to the Court's law clerks.
Civil cases
Page 2 | II. GENERAL DEADLINES
If pre-Markman issues require resolution, the parties must email the Court a joint statement of their positions after filing the CRSR.
If the parties have any pre-Markman issues requiring resolution, the parties must email the Court a joint submission of the parties' positions after filing the CRSR so that the Court may consider whether to hold a hearing to resolve the issues.
Civil cases
Page 2 | I. NOTICE OF READINESS
After receiving the response, the requesting party must email the issue summaries to the Court’s law clerks and copy opposing counsel.
Once the opposing party provides a response, the requesting party shall email the summaries of the issues to the Court's law clerks with opposing counsel copied.
Civil cases
Page 4 | IV. DISCOVERY DISPUTES
If a motion to transfer remains undecided one week before the Markman hearing, the moving party must email the Court’s law clerks and, if appointed, the technical advisor to report that it is pending.
If by one week before the Markman hearing the Court has not ruled on any pending motion to transfer, the moving party is directed to email the Court's law clerks (and the technical advisor, when appointed), and indicate that the motion to transfer is pending.
Civil cases
Page 5 | VI. MOTIONS FOR TRANSFER
A party intending to present confidential information at a remote hearing must email the law clerks to request a private virtual setup.
Any party who intends to present confidential information in a remote hearing must email and notify the Court's law clerks to request a private, virtual setup.
Civil cases
Page 9
When filing any of the specified documents, the parties must email a Word version to the Court's law clerks.
When filing the Joint Claim Construction Statement, proposed Protective Order, or proposed Scheduling Order, the parties must email the Court's law clerks a Word version.
Civil cases
Page 9
At least 10 days before the hearing, the parties must jointly contact the law clerks for a Box link to provide electronic copies of the briefs and exhibits; the technology tutorial is optional.
Instead, the parties shall jointly contact the Court's law clerks, at least 10 days before the hearing, for a Box link to provide an electronic copy of the briefs,⁷ exhibits, and the optional technology tutorial.
Civil cases
Page 9
Within three business days after the sur-reply is submitted, parties must email an editable copy of the Joint Claim Construction Statement to the law clerks.
3 business days after submission of sur-reply | Parties submit Joint Claim Construction Statement and email the law clerks an editable copy.
Civil cases
Page 12 | XII. APPENDIX A – MODEL SCHEDULE
Parties must promptly notify the Court of a settlement and request a stay of any deadlines.
Parties will promptly notify the Court if they reach a settlement and request to stay any deadlines.
Civil cases
Page 9
Parties must email the law clerks to confirm the Markman date and report any venue or jurisdictional motions that remain unripe.
Parties email the law clerks (see OGP at 1) to confirm their Markman date and to notify if any venue or jurisdictional motions remain unripe for resolution.
Civil cases
Page 12 | XII. APPENDIX A – MODEL SCHEDULE
Parties must jointly email the Court’s law clerks eight weeks before trial to confirm the pretrial conference and trial dates.
8 weeks before trial | Parties to jointly email the Court's law clerks (*See* OGP at 1) to confirm their pretrial conference and trial dates.
Civil cases
Page 15
Parties should generally email inquiries to the Court's law clerks.
Parties should generally email any inquiries to the Court's law clerks, noted below:
Civil cases
Page 1