000251	07whyte_wmp_a_16.wma
000000	MARK SMITH:  So how important are demonstratives in patent cases, and how do you see them effectively used or ineffectively used in front of you and the jury?
000013	JUDGE WHYTE:  I think they're quite important.
000017	A couple of interesting comments, one of which is very antidotal, and it wasn't specifically with respect to patent cases.
000027	But they did a survey, I think it was in Arizona a few years ago, about the use of demonstratives in whether or not jurors sometimes had a reaction of,
000043	gee, that party's got a lot of money, and that would be a negative thing for that party.
000052	And the survey results basically suggested that in today's world people expect it, and they did not have a negative reaction towards the party who presented it on the basis that,
000104	gee, they spent a lot of money doing this, they're trying to put something over on us.
000110	So I think demonstratives are useful, and there isn't an expense reaction that a jury's going to have that's negative for you.
000125	I also think it's very important to make sure  demonstratives -- in other words, you might have just a simple board with some picture or language blown up on it
000140	followed by a video, followed by maybe some slides.
000146	I think if you mix your presentations as kind of mixed media, that keeps the jury interested.
000153	I also think one of the judge's commented about this to me once, that she felt that people today are much more visual oriented than they are to listening to presentations.
000207	So maybe there's something to, a picture's worth a thousand words.
000211	So I think demonstratives should be used and can be very effective.
000218	I must admit, sometimes in law and motion when parties come in with, say, the language of a patent blown up on some poster-board, I kind of react with,
000230	what in the world did they bother spending the money to do that for because I can read the patent, 
000235	and it's easier for me to have it in front of me and read than look up at some big chart that the have that just has the patent on it.
000242	So with that exception, I think that generally demonstratives are well worth the money and time.