The case on which judge Whaley is starting trial this month is being tried
by my partner, John Allcock.  It is  a patent infringement case in which we
represent the plaintiff, Hewlett Packard pursuing patent infringement claims
against a company named Mustek for infringing the scanner patents owned by
HP.  It is a factually and legally complex case with fairly high stakes.

Judge Whaley demands preparation and diligence of the lawyers but is
reasonable and easy to get along with.  He is described as hard working and
thorough.  He is apparently not experienced in patent cases but has taken
the time to learn what he needs to learn to get it right.  One notable
result: he granted summary judgement against our client on a very factually
complex record and then granted a motion to reconsider and reversed himself.
His orders are well reasoned and reflect great care and attention.

He works very hard; his trial week is Monday through Friday 8-5.  Below are
some emails we received from lawyers familiar with Judge Whaley which we
gathered in preparation for the HP case.  I will, of course, keep you
informed as the trial proceeds.  It sounds like there are some pluses and
minus' but overall we could have done worse.


here are the series of messages we had on Judge Whaley



-----Original Message-----
From: Carl Marquardt [mailto:carl.marquardt@stokeslaw.com]
Sent: Wednesday, May 16, 2001 05:25 PM
To: 'macker@graycary.com'
Subject: RE: Judge Whaley, E.D.Wash.


Maria:

I heard a lot more about Judge Whaley.  Overall he has a very good
reputation.  Professional, courteous, and well-prepared.  Was an
accomplished trial lawyer and head of WSTLA (trial lawyers' assn.)
before
going on the bench.  Probably liberal; considered to be
plaintiff-oriented
(in P.I. or employment cases, at least), but fair.

One lawyer in our office had an employment case before him, where the
plaintiffs' attorney was literally incompetent.  She said it was obvious
that Whaley was doing independent research on his own (w/out a clerk) to
cover for the guy, and she was impressed by that.  He eventually called
the
attorney's law partners into court and had him removed from the case.

People say he doesn't grant summary judgment easily.  That is mainly
based
on experience defending employment actions, but at least one attorney
thought it would probably carry over to other cases (i.e., a judge who
believes that juries should decide facts).

Another lawyer described him as technically very sound (rulings on
evidence
etc.) but not intellectually brilliant.

Everyone I heard from felt that he is a very good judge, and said they
would
be happy to have him for just about any case.

-----Original Message-----
From: Carl Marquardt
Sent: Wednesday, May 16, 2001 9:55 AM
To: 'macker@graycary.com'
Subject: FW: Judge Whaley, E.D.Wash.


Maria,

Here are a few comments re Judge Whaley.  I understand that one of our
attorneys, Alex Higgins, recently tried a case before him and might be
the
best resource.  He's out this morning but I'll let you know what he
says.

**************

From: Denise Ashbaugh
....
I've had two cases in front of him.  Very reluctant to get overturned -
so
tentative to make any "borderline" decisions.  I have won and lost a
summary
judgment motion in front of him - both employment law cases.

-----Original Message-----
From: Lisa Herb
....
He is very fair - but also can be very firm about doing things by the
book.
He pushes attorneys very hard to keep to trial schedules.  He can lose
his
temper - but in a calm way.  He seemed smart, well informed and he paid
attention.  I liked him a lot as a judge.  But make sure you are well
prepared.

-----Original Message-----
From: Phillip Ginsberg
....
I havehad some experience with him-positive

-----Original Message-----
From: Carl Marquardt
Sent: Wednesday, May 16, 2001 9:32 AM
To: Litigation
Subject: Judge Whaley, E.D.Wash.


Does anybody know anything about this Judge?  If so, please let me know.
Thanks.

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Jeffrey M. Shohet
Gray Cary Ware & Freidenrich
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