000217	03whyte_wmp_a_16.wma
000000	MARK SMITH:  So, back in 1992 you were appointed to this court by George Bush, Sr.
000009	I was wondering what kinds of things have you seen change since that time?
000016	JUDGE WHYTE:  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.
000028	We came up with some rules in the Northern District as to how patent cases should be structured for the pre-trial preparation phases.
000040	I think that's helped to give guidance to the attorneys and to give the judges.
000046	So I think that's improved significantly.
000052	I think the things that are kind of discouraging is that -- are that litigation has just become so expensive,
000103	that you really have to have good funding to basically try any kind of case, and I think that's unfortunate and perhaps prevents access to the courts by some litigants.
000123	I think it's been the cause, to some extent, of the growth of the (inaudible) judge or alternative dispute resolution programs, some of which are good and some of which I'm not hearing are so good.
000139	And I think it's resulted in fewer cases being tried, which, again, has its positive and negative effects.
000149	It's certainly better, generally, if you can settle your dispute because you can work out your own deal or arrangement, 
000159	whereby if the court or a jury makes a decision they're limited on what flexibility they have.
000205	On the other hand I tend to think some cases get settled for the wrong reasons, perhaps the inability to afford going to trial, which is unfortunate.