Judge Jeffrey S. White — United States District Court, Northern District of California

Standing Orders — Inline Excerpts

Unless the Court directs otherwise the parties shall not submit chambers copies of materials that are filed electronically. If the parties manually file an item that is contained on some form of electronic media, e.g., a CD-ROM or a thumb drive, they shall provide the Clerk with the original and shall provide the Court with a copy of that electronic media.

Delivery Address

Ronald V. Dellums Federal Building & United States Courthouse Office of the Clerk 1301 Clay Street, Suite 400 S Oakland, CA 94612

Judge White's Application to Enter Guilty Plea & Order

[Source: https://cand.uscourts.gov/sites/default/files/standing-orders/Guilty_Plea_Application_and_Order_Form_5-2021.pdf]

United States District Court Northern District of California UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA UNITED STATES OF AMERICA, Plaintiff, v. Defendant. No. APPLICATION FOR PERMISSION TO ENTER PLEA OF GUILTY AND ORDER ACCEPTING PLEA (Fed. R. Crim. P., Rules 10 and 11) The defendant represents to the Court: 1. My full true name is____________________________. I am _____ years of age. I have gone to school up to and including . My most recent occupation has been____________. I request that all proceedings against me be in my true name. 2. I am represented by a lawyer. His/her name is ____________. 3. I received and read a copy of the indictment/information. If applicable: An interpreter who speaks read it to me in ___________________, and I have discussed it with my lawyer. I fully understand every charge made against me. I understand these charges to be as follows: Clear Form

United States District Court Northern District of California

I have told my lawyer all the facts and circumstances known to me about the charges made against me in the indictment/information. I believe that my lawyer is fully informed on all such matters.

I know that the Court must be satisfied that there is a factual basis for a plea of “GUILTY” before my plea can be accepted. I represent to the Court that I took the following actions in connection with the charges made against me in Count[s] ______________ and that these facts are true and correct:

My lawyer has counseled and advised me on the nature of each charge, all lesser included charges, all penalties and consequences of each charge, all possible defenses that I may have in this case, and constitutional rights I am waiving.
7. I understand that my constitutional rights are as follows:

(a) the right to plead not guilty or, having already so pleaded, to persist in that plea;

(b) the right to a jury trial;

(c) the right to represented by counsel – and if necessary have the Court appoint counsel – at trial and at every other stage of the proceeding; and

(d) the right at trial to confront and cross-examine adverse witnesses, to testify and present evidence, to compel the attendance of witnesses, to be protected from compelled self-incrimination, and to remain silent, such that if I do not take the witness stand, no inference of guilt may be drawn from such failure and the jury must be so advised.

I know that I may plead “NOT GUILTY” to any offense charged against me and exercise all of my rights as listed above. 9. I know that if I plead “GUILTY,” I am giving up all of the trial rights enumerated in paragraph 7—except my continuing right to counsel—and that there will be no trial either before a court or jury.

United States District Court Northern District of California 10. I know that if I plead “GUILTY,” the result of my plea is more than just an admission or confession of guilt. I understand that it will result in my conviction, and the Court may impose the same punishment as if I had pleaded “NOT GUILTY,” stood trial, and been convicted by a jury. 11. My lawyer has informed me that the maximum and minimum, if any, punishments which the law provides for the offense charged in Count(s) __________ are as follows: (For multiple counts, include the following information for each count) (a) Maximum prison sentence: ______ years (b) Mandatory minimum prison sentence (if applicable): ______ years (c) Maximum supervised release term: ______ years (d) Minimum supervised release term (if applicable): ______ years (e) Mandatory special assessment: $__________ (f) Restitution: $__________ (or determined by the Court) (g) Maximum fine equal to the greater of the following: (1) $__________________ (generally $250,000 for a felony, $100,000 for a Class A misdemeanor, or $5,000 for a Class B misdemeanor or lower; see 18 U.S.C. § 3571)); or (2) $__________________ (twice the gross pecuniary gain I derived from the offense); or (3) $___________________ (twice the gross pecuniary loss caused by the offense to another person or persons).

If applicable: I acknowledge that pleading guilty may have consequences to my immigration status if I am not a citizen of the United States. Under federal law, a broad range of crimes are removable offenses, and I understand that removable offenses are described in 8 U.S.C. §§ 1101(a)(43) and 1227(a)(2), among other statutes. I have reviewed these statutory provisions with my attorney, who has informed me of the immigration consequences of my guilty plea. Removal and other immigration consequences are the subject of a separate proceeding, however,

United States District Court Northern District of California and I understand that no one, including my attorney or the district court, can predict to a certainty the effect of this conviction on my immigration status. I nevertheless affirm that I want to plead guilty regardless of any immigration consequences that may result from my guilty plea[s], even if the consequences are my automatic removal from the United States, denial of citizenship of the United States, and/or denial of future admission to the United States. If applicable: I understand that, because I am pleading guilty to more than one count, the Court may order the sentences on those counts to run consecutively.
I understand that if I violate any condition of supervised release, the release may be revoked, and I may be sentenced to all or part of the term of supervised release imposed in addition to any other term of imprisonment which I have received. I understand that if I violate any term of probation, the probation may be revoked, and I may be sentenced up to the maximum statutory term of imprisonment for the offense.
I understand that I may be assessed the costs of confinement and/or supervision. I understand I may be ordered to pay restitution in an amount determined by the Court. 12. I know that the sentence I will receive will be decided solely by the Judge. I understand that the Judge will make no decision regarding my sentence until the Judge has read and considered the pre-sentence investigation report prepared and submitted to the Court by the Probation Department. I also understand that the Court and counsel cannot promise me now what sentence will be imposed. I understand that in deciding what sentence it will impose, the Court will calculate my sentencing range under the Sentencing Guidelines. I understand that while the Court is not bound to apply the Guidelines, it must take them into consideration when sentencing me, together with the factors set forth in 18 U.S.C. § 3553(a). 13. I understand that under provisions of certain criminal statutes, certain property of mine may be forfeited to the United States. I have been advised by my lawyer whether, and to what extent, my property may be subject to forfeiture. 14. If I am on probation, supervised release or parole in this or any other Court, I know that by pleading guilty here, my probation, release or parole may be revoked, and I may be required to serve time in that case, which may be consecutive (that is, in addition to) any sentence

United States District Court Northern District of California imposed upon me in this case. 15. I declare that no officer or agent of any branch of government (federal, state, or local) has promised or suggested that I will receive a lighter sentence, or probation, or any other form of leniency, nor have any other promises been made if I plead “GUILTY” except as follows:

(In the space above, insert any promises or concessions made to the defendant or to his/her attorney).

If anyone else made such a promise or suggestion, except as noted in the previous sentence, I know that it was entirely without authority or effect. 16. I believe that my lawyer has done all that a lawyer could do to counsel and assist me, and I am satisfied with the advice and help he/she has given me. 17. I know that the Court will not permit anyone to plead “GUILTY” who maintains he/she is innocent and, with that in mind and because I am “GUILTY,” I respectfully request the Court to accept my plea of “GUILTY” and to have the clerk enter my plea of “GUILTY” as follows:

My mind is clear. I am not under the influence of alcohol or drugs, and I am not under a doctor’s care. The only drugs, medicines, or pills that I have taken within the past seven days are:

(If none, so state.)

United States District Court Northern District of California 19. I confirm that my decision to plead guilty is made voluntarily, and no one coerced or threatened me to complete this Application. I offer my plea of “GUILTY” freely and voluntarily and of my own accord, and with full understanding of all the matters set forth in the indictment/information, in this Application, and in the certificate of my lawyer which is attached to this Application. In offering my plea of “GUILTY,” I freely and voluntarily waive (that is, give up) the constitutional rights guaranteed to me as stated in paragraph 7 above — with the exception of my right to counsel. 20. I waive the reading of the indictment/information in open court, and I request the Court to enter my plea of “GUILTY” as set forth in Paragraph 17 of this Application. 21. I understand that the Court will address me personally in open court to determine the voluntariness of my guilty plea and to establish a factual basis for it. I understand that the Court may place me under oath, and that the government may use any false statements that I make under oath against me in a prosecution for perjury or false statement (which is a felony). 22. ________ I am proficient enough in English to read the above and have read and fully understand it.

_________ I am not proficient enough in English to read the above. I speak and understand , which is my native language. The above was read to me in and I fully understand it. Signed by me in open court in the presence of my attorney this___ day of____________, 20____.

Defendant

United States District Court Northern District of California CERTIFICATE OF COUNSEL I have fully explained to my client the charges in the indictment/information in the case, the defenses he/she may have to the charges, all of the information set forth in this Application, and all the rights that a criminal defendant has. In my opinion, my client understands the charges, the defenses, the information in this Application, and the rights he or she is giving up by pleading guilty, and, based on the information now known to me, his/her decision to plead guilty is knowing and voluntary Signed by me in open court in the presence of the above-named defendant after a full discussion of the contents of this certificate with the defendant this________ day of____________, 20___ .

Attorney for the Defendant

INTERPRETER CERTIFICATION I, , hereby certify that I am a certified __________ [language] interpreter and that I accurately translated this Application to the defendant, he/she told me that he/she understood it, and I am satisfied that his/her answer is true and correct. Date__

Interpreter’s Signature

United States District Court Northern District of California ORDER I find that: 1. The defendant enters this plea of guilty freely and voluntarily and not out of ignorance, inadvertence, fear, or coercion. 2. The defendant understands and knowingly, freely, and voluntarily waives his/her constitutional rights. 3. The defendant freely and voluntarily executed the attached Application and fully understands its contents. 4. The defendant has admitted the essential elements of the crime charged. IT IS THEREFORE ORDERED that the defendant’s plea of “GUILTY” entered in open court be accepted and entered as requested in this Application and as recommended in the certificate signed by the defendant’s lawyer. Done in open court this_____ day of____________, 20____.

United States District Judge

Northern District of California

Judge White's Recusal Order

[Source: https://cand.uscourts.gov/sites/default/files/standing-orders/JSW-Standing-Order-on-Recusal.pdf]

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

STANDING ORDER ON RECUSAL

The Court seeks the assistance of all parties in all actions before the Court to determine if there are any grounds for recusal under 28 U.S.C. § 455.

If any party believes, after inquiry, that any ground for recusal exists, please bring the facts and circumstances to the Court’s attention by letter or notice served on all parties at the earliest possible date, but no later than five (5) court days preceding the parties’ first appearance before this Court.

The Court particularly requests that all parties determine and advise whether the undersigned judge’s former law firm, Orrick, Herrington & Sutcliffe, LLP, served as counsel concerning the matter-in-suit in this action prior to January 1, 2003, the date the undersigned withdrew as a member of the firm. Counsel and the parties should be aware that the undersigned would not ordinarily have been aware of all engagements undertaken by his former firm and must depend on the parties to bring any such circumstances to the Court’s attention.

The parties should not construe this order as limiting the bases on which the Court may recuse itself. Rather, this order is intended to ensure that the parties provide relevant information to the Court.

IT IS SO ORDERED.

JEFFREY S. WHITE

United States District Court

6/2019 Rev.

Judge White's Civil Standing Order

[Source: https://cand.uscourts.gov/sites/default/files/standing-orders/Judge-Jeffrey-S.-Whites-Civil-Standing-Orders-Civil-Standing-Order-Revised-12-24.pdf]

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

CIVIL STANDING ORDERS

Conformity to Rules. Counsel are expected to consult and comply with all provisions of the Local Rules and the Federal Rules of Civil Procedure relating to motions, briefs, continuances, and all other matters, unless specifically superseded by these Standing Orders. Any failure to comply with any of the rules and orders may be deemed sufficient grounds for monetary sanctions, dismissal, entry of default judgment, or other appropriate sanctions.

Communication with Court. Counsel shall not attempt to make contact by telephone or any other ex parte means with the Court or its chambers staff, but may contact the Courtroom Deputy Clerk at (510) 637-3541 or by email at jswcrd@cand.uscourts.gov with appropriate inquiries.

The Courtroom Deputy is unable to provide parties with updates regarding the status of rulings. Parties are therefore advised to avoid contacting the Courtroom Deputy to make such inquiries.

Counsel should list their email addresses as well as their telephone numbers on their papers to facilitate communication with the Courtroom Deputy. All counsel listed on the parties’ briefing must be fully apprised of the status of the pending matter and must be authorized to respond to calendar settings by the Court.

With the exception of discovery disputes (see Standing Order ¶ 7) or by permission of the Court, Counsel shall not submit letters to the Court. Any communication with the Court must be on pleading paper, including but not limited to, status reports, requests for continuances, and requests for telephonic appearances.

Scheduling days. Prior to noticing a motion, counsel shall check the scheduling information on this Court’s website to confirm open and available dates. If the case in which a party is noticing a motion is a related case, the parties must use the terminal digit from lowest numbered case of the related cases for motion filing purposes.

Noticed days may be reset as the Court’s calendar requires, with order of call to be determined by the Court. Motions shall be noticed in accordance with the following times:

• Civil Law and Motion calendar and case management conferences are conducted on Fridays at 9:00 a.m.

• Pretrial conferences are conducted on Mondays at 2:00 p.m. Trials are set to commence on Mondays at 8:00 a.m. In general, jury selection takes place at 8:00 a.m. the Wednesday preceding the start of a trial.

Before appearing for a matter before this Court, all parties shall check the Court’s calendar at https://www.uscourts.gov or the posting in the Clerk’s Office to confirm that their matter is still on calendar.

Changes to Court Calendar. No changes to the Court’s schedule shall be made except by signed order of the Court and only upon a showing of good cause. Parties seeking to continue hearings, request special status conferences, modify briefing schedules, or make any other procedural changes shall submit a signed stipulation and proposed order, or, if stipulation is not possible, a Motion for Administrative Relief, as contemplated by Civil Local Rule 7-11. Continuances will be granted only upon a showing of good cause, particularly focusing on evidence of diligence by the party seeking delay and of prejudice that may result if the continuance is denied.

Briefing schedules may not be changed by stipulation; the parties must obtain leave of court and show good cause for such a request. Parties seeking to enlarge a filing deadline by way of a Motion for Administrative Relief are admonished to file such a motion in advance of the filing deadline, rather than on the day a brief or other matter is due.

Chambers Copy. Unless the Court directs otherwise the parties shall not submit chambers copies of materials that are filed electronically. If the parties manually file an item that is contained on some form of electronic media, e.g., a CD-ROM or a thumb drive, they shall provide the Clerk with the original and shall provide the Court with a copy of that electronic media.

Case Management Conference Statements. Joint case management statements are required and must be filed seven (7) days in advance of the case management conference date. Counsel shall conform to all elements requested in the “Standing Order for All Judges of the Northern District of California – Contents of Joint Case Management Statement.” See N.D. Civ. L.R. 16-9. In cases involving pro se litigants, the parties may file separate case management statements.

Motions. Except for motions for summary judgment and claim construction briefs, all briefs, whether in support of, in opposition to, or in reply to any motio may not exceed fifteen (15) pages in length. The title page, indices of cases, table of contents, and exhibits are not included in this page limitation. Notices of motion which contain substantive argument are included in this page limitation.

All written text, including footnotes and quotations, must conform with the requirements of Civil Local Rule 3-4(c)(2). All declarations shall be filed as separate documents.
Except for objections to requests for judicial notice or evidence submitted with a reply brief, all evidentiary objections to evidence submitted shall be contained in the parties’ briefs. See N.D. Civ. L.R. 7-3(a), (c). If a party fails to comply with this requirement,

the Court may not consider the objections. This Court will not apply Civil Local Rule 7- 3 to motions to exclude expert testimony. See id.

Discovery and Discovery Motions. Except as specifically set forth below, no motions regarding discovery disputes may be filed without prior leave of Court.

After the parties have met and conferred, the parties shall prepare a joint letter brief of not more than eight (8) pages explaining the dispute. Up to twelve (12) pages of attachments may be added. The joint letter must be electronically filed under the Civil Events Category of “Motions and Related Filings > Motions – General > Discovery Letter Brief.”

Discovery disputes may be referred to a Magistrate Judge. If the Court refers discovery disputes to a Magistrate Judge, the Magistrate Judge to whom the matter is assigned will advise the parties of how that judge intends to proceed. The Magistrate Judge may issue a ruling, order more formal briefing, or set a telephone conference or a hearing. After a Magistrate Judge has been assigned, all further discovery matters shall be filed pursuant to that Judge’s procedures.

If this Court retains supervision of discovery, the Court will then advise the parties if additional briefing or a telephonic conference will be necessary.

If this Court has retained supervision of discovery, and if a dispute arises during a deposition that involves a persistent obstruction of the deposition or a refusal to answer a material question on the basis of any ground other than privilege or the work product doctrine, counsel may arrange a telephonic conference with the Court through contact with Chambers at (510) 637-1820. Any such conference shall be attended by the court reporter recording the deposition.

Motions for Summary Judgment. All issues shall be contained within one motion, shall not exceed twenty-five (25) pages in length, and shall conform with Civil Local Rule 7-2. Absent of a showing of good cause, the Court will address only one motion for summary judgment per side. Separate statements of undisputed facts will not be considered by the Court. Joint statements of undisputed facts are not required but are helpful if completely agreed upon. In the event parties intend to cross-move for summary judgment, the Court strongly prefers a four-brief schedule.

Proposed Orders Required. Each party filing or opposing a motion shall also electronically file and serve a proposed order that sets forth the relief or action sought and a short statement of the rationale of decision, including citation of authority, that the party requests the Court to adopt. The proposed order should be electronically filed at the same time as the motion or opposition. A word version of the proposed order should be sent to jswpo@cand.uscourts.gov.

Grounds for Recusal. Parties are directed to inform the Court of any and all reasonable bases for recusal at the earliest possible date, and no later than the initial case management conference. See also Standing Order on Recusal.

Service of Standing Orders. Plaintiff (or in the case of removed cases, any removing defendant) is directed to serve copies of these standing orders at once upon all parties to their action, and upon those subsequently joined, in accordance with the provisions of
Federal Rules of Civil Procedure, Rules 4 and 5, and to file with the Clerk of the Court a certificate reflecting such service, in accordance with Civil Local Rule 5-6(a).

IT IS SO ORDERED

JEFFREY S. WHITE United States District Court

3/2025 Rev.

Judge White's Deposition Standing Order

[Source: https://cand.uscourts.gov/sites/default/files/standing-orders/JSW-Deposition-Standing-Order.pdf]

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

STANDING ORDER FOR DEPOSITIONS

This Standing Order applies to all depositions in all matters assigned to Judge Jeffrey S. White and is intended to supplement Northern District Civil Local Rules 30-1 and 30-2.
Depositions shall be conducted in accordance with the following rules:

Conduct.

Counsel are expected to cooperate with and be courteous to each other and deponents.
Each party should designate one attorney to conduct the principal examination of the deponent. Counsel should cooperate in the allocation of time to comply with any time limit set by the Court.

Stipulations.

Unless contrary to an order of the Court, the parties may stipulate in writing to modify any practice relating to noticing or conducting a deposition. Stipulations for extension of discovery cut-offs set by the Court are not permitted, absent leave of Court. If counsel enter into stipulations at the beginning of the deposition, the terms of the stipulation should be fully stated on the record.

Scheduling.

Absent extraordinary circumstances, before noticing a deposition, the noticing party must consult with opposing counsel and unrepresented proposed deponents to schedule depositions at mutually convenient times and places. Where an agreement cannot be reached and barring exigent circumstances, the party seeking the deposition may notice it at least twenty (20) days in advance. If the noticed date and place is unacceptable to the deponent or deponent’s counsel, the deponent or deponent’s counsel shall within ten (10) days of receipt of the notice, reply and counter-propose in writing with an alternative date and place falling within thirty (30) days of the date noticed by the party seeking the deposition.

Objections, Instructions Not to Answer, and Private Consultation.

Counsel shall comply with Federal Rule of Civil Procedure 30(c)(2). Deposition objections may be made as to privilege or may be made only where required in order to preserve the objection. Speaking objections or those calculated to coach the deponent are prohibited. A person may instruct a deponent not to answer a question only when necessary to preserve a privilege, to enforce a limitation directed by the Court, or to present a motion under Federal Rule of Civil Procedure 30(d)(3). When a privilege is claimed, the witness should nevertheless answer questions relevant to the existence, extent or waiver of the privilege, such as the date of the communication, who made the

statement, to whom and in whose presence the statement was made, other persons to whom the contents of the statement have been disclosed, and the general subject matter of the statement, unless such information itself is privileged. Counsel may be subject to sanctions if they consistently impede, or otherwise unreasonably delay, the fair examination of the deponent. Private conferences between deponents and their attorneys in the course of deposition are improper and prohibited except for the sole purpose of determining whether a privilege should be asserted.

Documents.

Witnesses subpoenaed to produce documents should ordinarily be served at least 30 days before the scheduled deposition and arrangements should be made to permit inspection of the documents before the deposition commences. Extra copies of documents used during the deposition should ordinarily be provided to opposing counsel and the deponent.
Deponents should be shown a document before being examined about it except when counsel seek to impeach or test the deponent’s recollection.

Marking of Exhibits.

Counsel shall comply strictly with Civil Local Rule 30-2, and, at the outset of the case, shall meet and confer regarding the sequential numbering system that will be used for exhibits throughout the litigation and during trial. Documents shall be referred to by the Bates-stamp number assigned by the document depository.

Waiver of Transcription and Filing.

The parties and deponents are authorized and encouraged to waive transcription and filing of depositions that prove to be of little or no usefulness in the litigation or to agree to defer transcription and filing until the need for using the deposition arises.

Requests for Intervention by the Court.

If a dispute arises during a deposition and involves a persistent obstruction of the deposition or a refusal to answer a material question on the basis of any ground other than privilege or the work product doctrine, counsel may arrange a telephonic conference with he Court through Chambers at (510) 637-1820. Any such conference shall be attended by the court reporter recording the deposition.

IT IS SO ORDERED.

JEFFREY S. WHITE

UNITED STATES DISTRICT JUDGE

6/2019 Rev.

Judge White's Patent Standing Order

[Source: https://cand.uscourts.gov/sites/default/files/standing-orders/JSW-Patent-Standing-Order.pdf]

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

STANDING ORDER FOR PATENT CASES

The following instructions shall apply to all patent cases assigned to Judge Jeffrey S. White.

Joint Claim Construction Statement

The initial joint claim construction statement required by Patent Local Rule 4-3 shall be truly joint. Disputed terms, phrases, and clauses shall be designated as disputed. All other terms shall be presumed undisputed. For any term in dispute, the parties must agree on the identity of the term. With regard to disputed terms, phrases, or clauses, the joint statement shall list each disputed term, phrase, or clause (listed by claim); each party’s proposed construction; and support for each party’s proposed construction in table format.

Parties shall attach to the joint claim construction statement copies of all patents in dispute. Parties shall also make a complete prosecution history for each patent available to the Court upon request.

Claim Construction

As an initial matter, the Court will construe no more than ten terms. If more than ten terms are at issue, the parties shall meet and confer before the preparation of the joint claim construction statement on narrowing the selection of terms to be construed by the Court and shall jointly propose the ten terms requiring construction.

If a party genuinely believes that it will require that more than ten terms be
construed, that party may request leave to designate additional terms for construction, pursuant to Civil Local Rule 7-11(b). The requesting party must demonstrate good cause and explain why other methods of limiting the claims at issue (such as the selection of representative claims or any grouping of claims by issues presented) would be ineffective. The request must be filed no later than two weeks before the deadline for filing the joint claim construction statement. If good cause is shown, the Court will either agree to construe all terms or schedule a second claim construction proceeding on the excess terms. If more than ten terms are submitted for construction without leave of court, the Court will construe the first ten terms listed in the joint claim construction statement and sanctions may be imposed.

Claim construction briefs shall address each disputed term, but only those that are truly disputed, following the order of the joint statement. The opening and opposition briefs shall not exceed 25 pages; the reply brief shall not exceed 15 pages. The Court anticipates that a meaningful meet and confer between the parties preceding the preparation of the joint claim construction statement will obviate the need for a party to

propose in its briefs a claim construction that differs from that proposed in the statement.
While the Court encourages the parties to negotiate mutually agreeable constructions, the Court discourages the parties from proposing new constructions for the first time in reply briefs or other filings that do not afford the opposing party an opportunity to respond.
However, if it becomes necessary for a party to propose a construction that is different from the one found in the joint claim construction statement, that party must clearly set forth the new construction and explain the basis for the change. Additionally, that party shall revise the joint claim construction statement, so that the Court will have one document reflecting all current proposed constructions.

At the time of filing the reply briefs, the parties shall file an amended, final joint claim construction statement, including only the remaining disputed terms, phrases, and clauses.

Tutorial and Claim Construction Hearing

The Court will schedule a tutorial to occur one week prior to the claim construction hearing. Tutorials will be scheduled for Thursdays at 10:00 a.m. Each side will be permitted 45-60 minutes to present a short summary and explanation of the technology at issue. The Court encourages counsel to meet and confer and, if possible, to present a joint tutorial. If the parties cannot agree on a joint presentation, then the patent holder makes the first presentation. Visual aids are encouraged. The Court prefers that someone other than counsel make the presentation. Counsel will be permitted to make opening remarks and then a brief summation following the presentation. No argument will be permitted. The proceeding is not recorded and parties may not rely on statements made at the tutorial in other aspects of the litigation.

The Court does not conduct prehearing conferences. The parties may address any prehearing issues at the tutorial.

The patent holder will act as the moving party for the purposes of claim construction.
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.

The Court will not ordinarily hear extrinsic evidence at the claim construction hearing.
Should it become apparent that testimony will be necessary, counsel may submit a request within two weeks of the hearing to seek the Court’s prior approval for such a request.

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 shall exchange copies of exhibits no later than forty-eight hours prior to the hearing.

Claim construction hearings will take place one week following tutorials. Claim construction hearings generally will be scheduled for no longer than two hours on

Thursdays at 10:00 a.m. However, the Court will specially set the hearing on a different day and for a longer period of time if warranted. Counsel should make a written request to the Court as soon as it is apparent that a special setting is necessary.

Subsequent Case Management Report

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:

• whether either party wishes to certify the claim construction ruling for immediate appeal to the Federal Circuit;

• the filing of dispositive motions and timing of those motions;

• 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;

• anticipated post-claim construction discovery;

• any other pretrial matters; and

• the progress of settlement discussions, if any.

The Court will review the report and, if necessary, schedule a further case management conference and enter any appropriate orders.

Miscellaneous

All stipulated protective orders and filings shall comply with Civil Local Rule 79-5.
Parties shall also submit a complete unredacted chambers copy of any brief or supporting papers lodged under seal with all confidential material highlighted.

IT IS SO ORDERED.

JEFFREY S. WHITE

UNITED STATES DISTRICT JUDGE

Rev. 6/2019

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