The Honorable Ronald M. Whyte was appointed to the United States District Court for the Northern District of California by President George Bush and took his oath of office in 1992. Judge Whyte has taught courses at SCU Law and is active in several professional organizations. On March 16, 2007, Tech LawForum editor Mark Smith interviewed Judge Whyte about patent cases, what lawyers should avoid doing in his courtroom, and the direction patent law is taking.

01: Common Lawyer Mistakes

“Whether the judge has or has not read the papers, it’s kind of insulting to suggest even — suggest or imply that he hasn’t done so or she hasn’t done so.”
2 min.

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02: Judge Whyte’s Pet Peeves

“I always take, with a grain of salt, claims of deliberate hiding or misrepresenting, and I don’t like to hear those kind of complaints.”
3 min.

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03: Changes Over The Past Few Years

“With respect to patent cases I think the one positive change has been that — at least the initial case management conferences have become far less contentious.”
2 min.

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04: Where Patent Law Should Be Headed

“I think one big concern is the inability to challenge the validity of a patent until there’s actually a lawsuit between competing or competitors.”
1 min.

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05: Discovery Disputes

“I do think it’s difficult for a judge to put the discovery dispute in context sometimes, particularly when there’s accusations back and forth as to who did what to whom, when.”
3 min.

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06: Advice for New Attorneys

“Judges, particularly on law and motion, for example, don’t want to hear a speech or any prepared argument. What they want is somebody that can help them reason through an issue and come to a conclusion.”
4 min.

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07: Demonstratives

“I think demonstratives are useful, and there isn’t an expense reaction that a jury’s going to have that’s negative for you.”
3 min.

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08: Juror Questions

“I do have an opinion, but I will say that reasonable minds differ on this.”
2 min.

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09: Representative Claims

“Some of the judges in the Northern District just have a flat-out rule that, I’m only going to let you present so many claims or I’m only going to interpret so many terms. I’m not particularly in favor of that approach, but I certainly understand the problem and I’ve faced the problem.”
5 min.

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10: The Federal Judiciary and Congress

“I think the public and perhaps Congress people sometimes look and see a courtroom dark and say, gee, the judge isn’t working.”
5 min.

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11: Conclusion

“Thank you, Judge Whyte, for taking the time to talk with us at Tech LawForum.”
1 min.

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