000226	01whyte_wmp_a_16.wma
000000	MARK SMITH:  Hi, my name is Mark Smith.
000004	I'm a blogger on Tech LawForum.
000007	I'm here with Judge Whyte of the Northern District of California.
000011	And we'll be doing an interview today that's going to be very practitioner focused, as is Tech LawForum in general.
000019	So we'll just start right with the questions for Judge Whyte.
000025	First of all, maybe you could talk a little bit about what the common mistakes you see young lawyers or even experienced lawyers make in your court.
000035	JUDGE WHYTE:  I assume you're basically asking about intellectual property cases or patent cases.
000040	MARK SMITH:  Correct.
000042	JUDGE WHYTE:  I think the number one mistake that's made is that attorneys forget how long it took them to learn the technology that they're trying to explain to a judge or a jury, 
000055	and there's an assumption that things are second nature or understood by a judge or jury that really aren't.
000105	So my suggestion in that regard would be that you practice your argument or your presentation on someone who has no technical background and see if they absorb what you have to offer.
000119	And if they do, I think you're on the right track.
000122	If you don't, you need to simplify it.
000128	Sort of in contrast with that, I think there are times when attorneys assume, or act as if they're assuming, that the judge has not read their papers.
000139	And 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.
000153	So kind of two different ideas, but they're mistakes that are made, in my view, somewhat frequently.
000204	One other, perhaps it's worth mentioning is that if the judge asks a question you should answer that question immediately as opposed to going on and say you'll come back to it or defer answering it.
000219	If the judge has something on his or her mind, you know, they want an answer.