000344	02whyte_wmp_a_16.wma
000000	MARK SMITH:  Well, along the same lines, I was wondering if there's anything in particular that's a pet peeve of yours, specifically about the big patent cases that come in, or IP cases in general.
000016	JUDGE WHYTE:  I don't know if it's my pet peeve, but what I dislike the most about patent cases is, the month before trial. I've always suggested, 
000026	and I've talked about this to various groups, that I like to take a vacation the month before a patent trial.
000034	Because in that last month it always seems as if the parties are accusing each other of having hidden documents or not complying with discovery or dumping new stuff on the other side, 
000050	or the one side complains that new stuff has been dumped on them.
000055	And some of the accusations that are made are pretty strong, and frankly, over the top, and it's just a very unpleasant period of time.
000109	I think the cause of it is that there's so much at stake.
000113	People are nervous before a trial and it manifests itself in that way.
000121	But that's probably my pet peeve, or the most frustrating aspect.
000126	The other is, just in general, kind of the unfocused approach to a case.
000134	I think it's really important to focus in as soon as you can on the big issues.
000140	And I've seen a number of times where I have heard an argument and I said, boy, that's a good argument.
000148	And then the attorney goes on and argues some other point and I say, oh, that's not so persuasive, and then maybe even goes to one more and I say, well, I don't agree with that at all.
000159	And the problem with doing that is that you lose the effect of your good argument, because if you make a bad one the judge wonders, well, why is he making that argument?
000209	The first one sounded so good.
000211	Why is he bothering with this one?
000213	And it makes you rethink whether the first one was as good as you thought it was.
000218	So I think focusing is very important.
000221	MARK SMITH:  So to follow-up on that, would you recommend not making those weaker arguments or just leading with the weaker arguments and closing with the strong ones?
000230	JUDGE WHYTE:  I'd recommend making them, or making them only in paper but sort of give them away in oral argument.
000237	MARK SMITH:  And to follow-up on your first pet peeve that you were talking about.
000240	When the parties become very contentious the month before a trial, do they lose some credibility in your eyes?
000247	JUDGE WHYTE:  They can.
000249	It depends on how far they go.
000252	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.
000307	Attorneys' reputations are really important, and when you get into that kind of situation, 
000313	if it's somebody that always makes those kinds of accusations, you just basically ignore them, or don't put any stock into them, is probably a better way of putting it.
000325	On the other hand, if you have a good reputation with the court and you have been straightforward in the past,
000330	if you, in some particular case, make some what otherwise would seem like a strong accusation, it'd cause me to sit back and say, hmm, maybe something is here.